Privacy Statement

DATA PROCESSING STATEMENT FOR JOB APPLICANTS (RECRUITMENT)

This data processing statement governs the processing of your personal data as part of the recruitment procedure at TVH Parts Holding NV, its subsidiaries and affiliates, further identified as “TVH’, “We”, “Us” or “Our”. The ‘Data Controller’ of your personal data will be TVH Parts Holding NV, with registered offices at Brabantstraat 15, 8790 Waregem Belgium with company number 0822.308.590

By ticking the box, you acknowledge that you have read and understood all of the provisions listed below, your continued use of the website shall be construed as your continued consent with the processing of your personal data for the purposes and under the conditions listed below.

You are not required to provide any requested information to us, but your failure to do so may result in our not being able to continue your candidacy for the job for which you have applied.

1. The personal data processed by TVH

During the registration process, We will ask you to provide us with personal data about yourself so we can evaluate your application. Without the personal data, we will be limited in our ability to evaluate you as a candidate. You may also decide to provide us with additional data that we have not specifically asked you for such as your hobbies. Please note that any data you provide to us is entirely voluntary and you may determine the extent of data you want to provide to TVH. We divide personal data into two categories: personal data and special categories of personal data:

1.1 Personal Data

Name and contact details, such as your first name, last name, middle name, email address, telephone number, other contact information and personal preferences;
Employment details, such as details on your employment background, including position, work experience, employment references, salary and other compensation requests;
Background information, such as your educational background including degrees, certificates, transcripts;
Background check information, such as criminal background screenings (where relevant to your application and permitted under applicable law) and data provided to us by your referees (if applicable). These are reference points that you have given us to contact.
Financial information, such as salary, tax information, expenses, benefits, company allowances, stock and equity grants;
Information Technology (IT) information, such as certain technical information we obtain from you through cookies and similar technologies when you visit our websites. For more information see TVH’s privacy and cookie policy on our website;
Data from online assessments (e.g. personality tests, cognitive ability tests) and video interviews (if applicable) We evaluate the results of cognitive ability tests using relevant reference groups considering your profession and level of experience.
Other applicant information, such as personal preferences, hobbies or any additional information you choose to share with us.

1.2 Special categories of personal data

In general, TVH does not require or request special categories of personal data (or “Sensitive Data”) such as your religious affiliation or trade union affiliation as part of your application. You may voluntarily provide TVH with data such as your disability status for us to consider reasonable accommodation for you during the recruitment process.

TVH may ask for Sensitive Data such as your race, ethnicity or gender to the extent permitted to do so by applicable laws (e.g., U.S. equal opportunity laws) and to support our efforts to create an inclusive and diverse work environment. You are not obligated to provide such data as it is entirely voluntary. Under limited circumstances and to the extent permitted by applicable law, we may also collect Sensitive Data relating to health and medical characteristics to address our public health and workplace safety obligations and to protect TVH, its employees and third parties.

Sensitive Data includes:

Criminal convictions or offenses;
Health and medical data;
Race or ethnicity data;
Gender;
Clothing and attire
Religion, denomination or other faiths;
Political or philosophic beliefs and opinions;
Trade union membership;
Sexual orientation or life;
Biometric and genetic data;
Financial data.

2. How we collect your personal data

2.1 In principle TVH obtains the above mentioned personal data directly from you or from our external partners, e.g. headhunters. It is the agency’s responsibility to relay the information contained in this Statement to you. TVH advises that you consult the privacy policy of your external recruitment agency to ascertain what data it processes about you, what the conditions for processing are and how you can exercise your rights vis-à-vis the external recruitment agency. TVH will not send any of the personal data you provide to us, to external recruitment agencies unless you explicitly consent to it.

2.2 We can also obtain information from professional social networks, such as LinkedIn and other publicly accessible sources (only information relevant to your professional life) for the purposes of actively approaching you with job offers of for the purpose of confirming the accuracy of the information presented by you within the course of the application.

2.3 TVH’s internal recruitment department will also add personal data pertaining to your application to your profile. This information will not be readily accessible to you.

2.4 For certain processing activities outlined in this Statement, TVH requires your consent. TVH therefore asks specifically for consent with its processing of your personal data at the beginning of the registration process. You acknowledge that your consent for processing is freely given and pertains specifically to the processing activities listed below, the scope of which you fully understand.

3. The purposes for processing personal data

3.1 We collect and use Personal Data and Sensitive Data for several reasons related to processing your application for a role with us (the "Purpose of Processing"). We are required to have a valid lawful basis in order to collect and use this data. Below we explain the purposes and what legal bases for the processing of your personal data.

Purpose of Processing

Legal Bases

Personal data

To determine your qualification and eligibility for the role you applied for. Examples of data we collect includes contact details, employment details, background details, information obtained during your interview and other information in your resume.

Your explicit consent
When we obtain information from your public profile on professional social networks we base his processing on our legitimate interest

To administer and process your application (including processing a job offer if you are successful). Examples of data we collect includes contact and employment details, information obtained during your interview and other information in your resume.

Your explicit consent

To conduct background checks as part of your application. Examples of data we collect includes identification data, contact details, reference data and information about your qualification and employment history.

Your explicit consent

To comply with employment-related laws and requirements. Examples of data we collect includes immigration records relating to your identity.

To comply with legal obligation which TVH is subject to in relation to employment laws

To contact you about your experience within the recruitment process

Your explicit consent

To communicate with you about your application and future opportunities with TVH. Examples of data we collect includes your contact and identity information.

Your explicit consent

To comply or respond to legal requests from government agencies within or outside your country of residence. Examples of personal data includes identity and contact information.

To comply with legal obligation which TVH is subject to

To comply with financial responsibilities. Examples of data we collect includes salary and benefits information relating to the role you apply for.

To comply with legal obligation which TVH is subject to

To defend ourselves against legal claims.

We may process personal data about you where this is necessary to defend ourselves against legal claims arising from the application process that are brought against us.

Legitimate interest

Sensitive Data

To make accommodation for you in the application and interview process. Examples of data we process includes your health or medical information.

Your explicit consent

Criminal background checks only where permitted by law and relevant to the role. Examples of data we process includes criminal background records.

Necessary to comply with legal obligation

which TVH is subject to in relation to employment laws

Monitor diversity initiatives and equal employment opportunities. Examples of data we process include gender, race or ethnicity.

Your explicit consent

4. Data sharing

4.1 We may transfer your personal data to companies affiliated with TVH provided this is permissible within the scope of the purposes and legal bases outlined above so that they may offer you interesting professional opportunities as well. We do not share data with third parties that have no reference to our application management and application procedures or other use cases.

4.2 TVH relies on third party processors to assist us with specific processing. TVH warrants that all third party processors are selected with due care and are obliged to observe the safety and integrity of your personal data.

4.3 Mobile (SMS) information will not be shared with third parties/affiliates for marketing/promotional purposes.

4.4 In the event of a legal obligation, we reserve the right to disclose information about you if we are required to surrender it to competent authorities or law enforcement bodies.

4.5 If you do not wish to be further considered for relevant job offerings, you can request the deletion of your candidate profile.

5. Where TVH processes personal data

5.1 TVH and its third party processors will process your identifiable personal data mainly in the European economic area (“EEA”). All personal data are physically stored in Germany.

5.2 Since TVH has affiliates all over the world, your personal data may be transferred to other countries outside the EEA. TVH only allows such transfers where the recipient offers adequate assurances and safeguard to protect your personal data.

6. How long will TVH process personal data

6.1 Your personal data are only processed for as long as needed to achieve the purposes listed under this Statement or up until such time where you withdraw your consent for processing them. Note that withdrawal of consent may imply that you will no longer receive interesting job opportunities at TVH. TVH will anonymize or make unavailable your personal data if you delete/close your profile, unless a legal or regulatory obligation or a judicial or administrative order prevents TVH to do so.

6.2 In case the recruitment does not result in an employment relationship, your personal data will be retained for a maximum period of 2 years (unless deleted earlier as explained above) after inactivity on your candidate profile.

6.3 TVH will take the appropriate technical and organizational measures to keep your personal data safe from unauthorized access or theft as well as accidental loss, tampering or destruction. Access by personnel of TVH or its third party processors will only be on a need-to-know basis and subject to strict confidentiality obligations. You understand, however, that safety and security are best efforts obligations only which can never be guaranteed.

7. Your rights

7.1 Depending on where you are located, applicable privacy regulations may grant you certain rights such as:

Access: You can request information about your personal data (commonly known as data subject access request). You can exercise this right by contacting us under the above mentioned contact details of the controller.
Automated decision-making: you have the right not to have a decision made about you that is based solely on automated processing, including profiling, if that decision produces legal effects about you or significantly affects you. TVH does not, as part of its recruitment process, make solely automated decisions about candidates.
Objection: you have the right to object to the processing of your personal data if we relied on legitimate business interest as our legal basis.
Data Portability: Under certain conditions you have the right to receive the personal data concerning you which you provided to us in a structured, commonly used and machine-readable format
Rectification and erasure: If you wish to update the personal data provided to us, you can modify the data yourself in the relevant application within your candidate profile. Under certain conditions, you can ask us to erase your personal data.
Restriction: you have the right to ask us to restrict our processing of your personal data, so that we no longer process that data until the restriction is lifted.
Withdraw consent: you have the right to withdraw your consent if we relied on your consent to process your personal data. If you withdraw your consent, it will only apply to the future processing of your personal data. There are instances where we may not be able to comply with your request if doing so will adversely affect the rights and freedoms of other individuals.

7.2 If you wish to submit a request to exercise one or more of the rights listed above, you can send an e- mail to privacy@tvh.com. Such request should clearly state which right you wish to exercise. TVH shall reply to the request within thirty (30 days after having received the request.

7.3 If you have any complaint regarding the processing of your personal data by TVH, you may always contact TVH via the e-mail address listed in clause 7.2.

8. Miscellaneous

8.1 TVH may update, modify or amend this Statement from time to time and at its own discretion. You will be asked to accept the updated, modified or amended Statement. If you do not accept the updates, modifications or amendments, you will be given the opportunity to delete your profile.

8.2 This Statement is governed by Belgian law. Without prejudice to any applicable rule of mandatory law allocating jurisdiction, any and all disputes regarding the interpretation and/or application of this Statement shall be submitted to the sole jurisdiction of the competent courts in Ghent, Belgium.

You are not required to provide any requested information to us, but your failure to do so may result in our not being able to continue your candidacy for the job for which you have applied.