The private limited liability company (“besloten vennootschap met beperkte aansprakelijkheid”, abbreviated into “BVBA”) Jobsalon, with registered office at Engelse Wandeling 2 K8V, B-8500 Kortrijk, Belgium, with enterprise number 0507.743.629; (“Jobtoolz”, “Processor”, “we”)
“The Customer”, “Controller”, “you”
THE FOLLOWING IS AGREED:
Article 1 - Subject
This agreement applies to the processing by Jobtoolz, within the framework of the “Software-As-A-Service” (“SAAS”) services provided by Jobtoolz to the Customer, of personal data collected by the Customer (“Personal Data”) with regard to finding suitable employees.
1.2 The Personal Data referred to in Article 1.1 are all personal data within the meaning of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation” or “GDPR”) collected by or at the request of the Customer in the online recruitment dashboard that is part of the SaaS.
1.3 Jobtoolz has no influence on the Personal Data and limits access to the Personal Data. Jobtoolz does not use the Personal Data for its own purposes and does not provide access to third parties for marketing nor for other purposes.
Article 2 - Division of roles
2.1 The Customer collects the Personal Data according to its own insights, and itself determines the purpose for which and the means by which it collects and processes the Personal Data. The Customer is personally responsible for the legitimacy of the processing with regard to the persons whose Personal Data it collects.
2.2 Jobtoolz processes the Personal Data solely on the basis of written instructions from the Customer under this agreement. Personal data may only be processed by Jobtoolz for the purposes described in this agreement.
2.3 The Customer authorises Jobtoolz to communicate Personal Data to all persons, institutions and authorities that participate directly in the processing. Jobtoolz is permitted to employ or engage authorised persons or (sub-) processors for the processing. Jobtoolz will inform the Customer of any change in this regard. Jobtoolz undertakes to impose on the persons or (sub-) processors employed or engaged by it the same obligations as included in this agreement. In this case, Jobtoolz guarantees that the authorised persons or (sub-) processors employed or engaged by it will have committed themselves to observe confidentiality.
Article 3 - Security
3.1 JOBTOOLZ takes appropriate technical and organisational measures to protect the Personal Data against unauthorised or unlawful processing and against accidental loss, destruction or damage.
3.2 Jobtoolz guarantees that the authorised persons and (sub-) processors employed or engaged by it only have access to the Personal Data to the extent necessary to fulfil their task or assignment within the framework of this agreement. By separating responsibilities, Jobtoolz prevents a combination of access rights resulting in unauthorised actions and/or access to Personal Data.
3.3 Jobtoolz guarantees, to the extent technically possible, the integrity, availability and confidentiality of the Personal Data through the use of security technologies and techniques. Activities related to personal data are recorded in log files. The same applies to other relevant events, such as attempts to gain unauthorised access to personal data and disruptions that could lead to changes or loss of Personal Data.
3.4 Jobtoolz will periodically evaluate and adjust or improve the measures mentioned in Articles 3.1 - 3.3 insofar as the legal requirements or technological developments give rise to this. The Customer is aware that the SAAS service is a standardised service and agrees that these adjustments or improvements will be periodically implemented by Jobtoolz, provided that the entire set of measures continues to meet the level of security specified in Article 3.1.
Article 4 - Storage
4.1 Jobtoolz may not make a copy of the Personal Data, except for the purpose of a back-up, or unless this is necessary for the execution of the assignment as described in this agreement.
4.2 Jobtoolz will not store the Personal Data for longer than is necessary for SAAS services and for a maximum period of 6 months after termination of this agreement.
4.3 Jobtoolz will never store the Personal Data at a location outside the European Economic Area or transfer it to countries outside the European Economic Area. In addition, Jobtoolz will not store the Personal Data at a location outside Belgian territory, without the prior written consent of the Customer, on the understanding that the Customer may not unreasonably refuse its consent, but may attach conditions to it.
Article 5 - Confidentiality
5.1 Except as provided for in Article 2.3 of this agreement, communication by Jobtoolz of Personal Data to third parties is only permitted insofar as a legal provision or court order requires Jobtoolz to do so or when the provision of data takes place on behalf of the Customer. Each legally required communication of personal data to third parties must be notified to the Customer by Jobtoolz in advance.
5.2 This confidentiality obligation of Jobtoolz will remain in full force after termination of this agreement.
Article 6 - Data leaks
6.1 Jobtoolz will inform the Customer without unreasonable delay as soon as it becomes aware of an (attempted) breach of security that leads to the destruction, loss, alteration or unauthorised disclosure of Personal Data (“Data Leak”).
6.2 In event of a Data Leak, Jobtoolz will also inform the Customer, to the extent known, about:
a) the nature of the Data Leak,
b) the time the incident was discovered
c) the nature and an overview of the leaked or possibly leaked Personal Data
e) the likely consequences of the Data Leak
f) the direct measures taken to limit the likely consequences of the Data Leak
g) the time the incident was closed
h) the structural measures that Jobtoolz will take or has already taken to prevent a similar Data Leak in the future
6.3 The Customer itself is responsible for reporting to the competent supervisory authority, within the statutorily foreseen time frame, a Data Leak subject to a statutory obligation to report.
Article 7 - Assistance with requests from third parties
7.1 Jobtoolz will assist the Customer, insofar as may reasonably be expected from Jobtoolz, with:
a) fulfilling its duty to respond to requests from data subjects for access to, rectification, erasure and transfer, or restriction of processing, of their Personal Data.
b) fulfilling its duty to cooperate with requests and investigations by the competent supervisory authority insofar as these requests and inquiries relate to the Processing within the framework of the SAAS service.
7.2 The Customer shall bear the reasonable costs of the assistance by Jobtoolz referred to in this Article.
7.3 Immediately after the Customer is aware of a complaint or claim of a data subject regarding the processing entrusted to Jobtoolz, the Customer will inform Jobtoolz of this complaint or claim in writing with as much detail as possible, and leave the handling of this complaint or claim to Jobtoolz, if Jobtoolz so wishes. Failure to comply with this Article by the Customer will result in the loss of the rights of the Customer against Jobtoolz on the basis of this Processor Agreement.
Article 8 - Monitoring
8.1 The Customer has the right to monitor compliance with this agreement. To this end, it has the right to go on-site at the premises or locations where Jobtoolz performs the data processing or where it makes the relevant information relating to the processing available. The Customer will inform Jobtoolz in writing at least ten (10) working days prior to the inspection. Such inspections will not take place more than one (1) time per calendar year.
8.2 Any shortcomings found during inspections will be rectified by Jobtoolz by means of corrective measures within a reasonable period of time that is proportionate to the severity and complexity of the identified shortcoming.
Article 9 - Liability
9.1 The liability of the parties will be limited as stipulated in the general terms and conditions and/or privacy statement of Jobtoolz. If for whatever reason these limitations of liability are void, voidable or otherwise unenforceable, Jobtoolz’s liability for failure to comply with obligations under this agreement shall be limited to a maximum amount of the contractual license fee on an annual basis.
9.2 Jobtoolz will in no way be liable for damage resulting from instructions from the Customer.
Article 10 - Start and termination of the agreement
10.1 This agreement commences at the start of the SAAS service by Jobtoolz to the Customer, and automatically ends (by operation of law) upon termination of the SAAS service, for whatever reason.
10.2 After termination of the SAAS service, Jobtoolz will, at the discretion of the Customer, deliver the Personal Data to the Customer in the form of a .csv file or destroy them.
Article 11 - General provisions
11.1 This agreement contains all arrangements between the parties regarding the processing of Personal Data as part of the SAAS service and can only be changed with the written consent of all parties.
11.2 In the event of a conflict between the general terms and conditions or the privacy statement of Jobtoolz and the provisions of this agreement, the provisions of this agreement shall prevail, unless the contrary is apparent from this agreement.
11.3 In the event that any provision of this agreement is void, voidable or otherwise unenforceable, the other provisions of this agreement will remain in full force. In this case, the parties will consult with one another to replace the void, voidable or otherwise unenforceable provision with an enforceable alternative provision. In doing so, the parties will take into account as much as possible the purpose and intent of the void, nullified or otherwise unenforceable provision.
11.4 This agreement is subject to Belgian law. All disputes relating to the existence, content or performance of this agreement will be submitted to the competent courts of the judicial district of the registered office of Jobtoolz.