For any questions with regard to the processing of your personal data, you can contact us via e-mail at PrivacyOffice@komatsu.eu.
1. IN GENERAL
1.1 If you apply for an application via our e-mail address that is provided to you via the webpage “Careers at Komatsu Europe International N.V.” or any other KEISA channel, the data controller of the processing of your personal data will be Komatsu Europe International N.V., a corporation organised and existing under the laws of Belgium, with its registered office at 1800 Vilvoorde, Belgium, Mechelsesteenweg 586, registered in Brussels under number RPR/CER(0)404.968.268. You can contact us via e-mail at PrivacyOffice@komatsu.eu. KEISA is part of the Komatsu group (hereinafter: “Komatsu Group”). If KEISA subsequently shares your personal data with another company of the Komatsu Group in view of possible employment at that company, then that company will be a data controller of its processing of your personal data.
2. TYPES OF PERSONAL DATA WE PROCESS
2.1 When you apply for a job with KEISA, we collect the following personal data about you:
- Your contact details and basic identity information that you provide us with, such as your photo, name, postal address, e-mail address, phone number, date and place of birth, nationality, etc.;
- Resume-related information, such as former and current employer, work experience, education, skills, references, etc.;
- Any other personal data you choose to provide us as part of your application;
- Publicly available information of your profile on social media channels (such as LinkedIn);
2.3 We only send your personal data that you provide us with via e-mail or our social media channels to external recruitment agencies if you give us your express consent to do so.
2.4 If we offer you a position, our internal recruitment department may also add personal data pertaining to your application to your profile.
2.5 Our application process, in particular through the application form on the Websites, is not meant to involve the processing of personal data that can be construed as special categories of data. special categories of data are personal data that pertain to your race or ethnicity, political affiliations, religious convictions, membership of a trade union, your health or sex life. If such information becomes relevant as part of the application process, you will be specifically asked for it and be given the opportunity to consent to the processing of these special categories of data separately.
3. PURPOSES FOR WHICH WE USE YOUR PERSONAL DATA
3.1 We process your personal data to allow you to apply for employment with us and to allow us to process, assess and decide on your application.
3.2 We also process your personal data in order for you to receive relevant and personalized information regarding future opportunities for employment with KEISA or our affiliates.
3.3 We process your personal data in order for us to be able to defend ourselves in case of a dispute regarding your application (such as related to our refusal of your application).
3.4 If an application process for a particular position with us leads to a successful outcome, the personal data you provided will be used for human resources purposes during your employment with us.
3.5 We process your personal data to perform statistical analysis to improve our application and recruitment process and our HR service offering in general. Such processing will take place in a pseudonymized manner where possible.
3.6 We process your personal data to comply with our legal obligations or to comply with any reasonable request from law enforcement agents or representatives, judicial authorities, governmental agencies or bodies, including data protection authorities.
3.7 We process your personal data for informing any third party and its advisors in the context of a possible merger with, acquisition by/of, demerger by, or other share or asset purchase deal with that third party, also if that third party is located outside the European Union.
4. LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA
4.1 We process your personal data for the purpose outlined in Article 3.1 because that processing is necessary in order to take steps at your request prior to entering into a contract.
4.2 The processing of your personal data for the purpose outlined in Article 3.2 is based on your consent.
4.3 The processing of your personal data for the purpose outlined in Article 3.3 is necessary for the protection of our legitimate interest of being able to defend ourselves in case of a dispute.
4.4 The processing of your personal data for the purpose outlined in Article 3.4 is necessary for the protection of our legitimate interest to save time and resources and increasing overall efficiency of our HR processes by re-using information already available where permitted.
4.5 The processing of your personal data for the purpose outlined in Article 3.5 is necessary for the protection of our legitimate interest to continuously improve our website page that provides information about our job opportunities, our social media channels, products and services to ensure that you have the best experience possible.
4.6 The processing of your personal data for the purpose outlined in Article 3.6 is necessary to allow us to comply with our legal obligations.
4.7 The processing of your personal data for the purpose outlined in Article 3.7 is necessary for the protection of our legitimate interest of being able to explore or conduct normal corporate and M&A (mergers & acquisitions) transactions.
4.8 The processing of your personal data for the purpose outlined in Article 3.8 is necessary for the protection of our legitimate interest to keep our information systems and infrastructures, social media channels, products and services safe from misuse and illegal activity.
5. RETENTION PERIOD
5.1 As a general principle, we keep your personal data no longer as necessary to achieve the purposes described in Article 3, and regarding the purpose in Article 3.2, up until such time where you withdraw your consent for processing them. We provide the appropriate safeguards for ensuring the security and integrity of your personal data.
5.2 If your personal data are no longer necessary for the purposes as described in Article 3, they will be de-identified in a safe manner.
6. TO WHOM WE SEND YOUR DATA
6.1 We rely on third-party processors to provide you our website where information is provided with regard to our job opportunities and social media channels and to process your personal data on our behalf. These third-party processors are only allowed to process your personal data on our behalf and upon our explicit written instruction.
6.3 Your personal data may be shared upon our own initiative with the police or the judicial authorities as evidence or if there are justified suspicions of an unlawful act or crime committed by you in the context of your application.
7. LOCATION AND TRANSFER
7.2 Each company of the Komatsu Group or third party outside the EEA that processes your personal data will be bound to observe adequate safeguards in order to ensure the safety and integrity of your data. Such safeguards will be the consequence of:
- The country of the recipient having legislation in place which is considered equivalent to the protection offered within the EEA; or
- A contractual arrangement between us and that entity. All companies of the Komatsu Group are parties to a contractual agreement based on the European Commission’s Standard Contractual Articles (controller-to-controller) (Commission Decision C(2004)5721).
8. QUALITY ASSURANCES
8.1 KEISA considers your personal data as confidential and treats them as such.
8.2 We will take 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 our personnel or our third-party processors will only occur on a need-to-know basis and will be subject to confidentiality obligations. You acknowledge, however, that safety and security are best-efforts obligations which can never be guaranteed.
8.3 Despite strong security measures, infringements can never be completely ruled out. If a breach of security or confidentiality of your personal data occurs and this breach also poses a high risk to your rights and freedoms, we will notify you of this breach as soon as possible.
9. YOUR RIGHTS
9.1 You have the right to request access to all personal data pertaining to you that we process. We reserve the right to charge an administrative fee for multiple subsequent requests for access that are clearly submitted for the purpose of causing nuisance or harm to us. Each request has to specify for which processing activity you wish to exercise your right of access and which data categories you wish to gain access to.
9.2 You have the right to request that any personal data pertaining to you that are inaccurate, be corrected free of charge. If you submit a request for correction, such request has to be accompanied by proof of the flawed nature of the data for which correction is asked.
9.3 You have the right to withdraw your earlier given consent for the processing of your personal data.
9.4 You have the right to request that personal data pertaining to you be deleted if these data are no longer required in the light of the purposes outlined in Article 3 above or if you withdraw your consent for processing the data. However, we will evaluate a request for deletion against:
- Overriding interests of KEISA, another company of the Komatsu Group or any other third party;
- Any legal or regulatory obligations or administrative or judicial orders which may contradict such deletion.
Instead of deletion you can also ask that we limit the processing of your personal data if:
- you contest the accuracy of the data;
- the processing is illegitimate, or
- the data are no longer needed for the purposes mentioned in Article 3.
9.5 You have the right to oppose the processing of personal data, unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
9.6 You have the right to receive from us in a structured, commonly used and machine-readable format all personal data you have provided to us.
9.7 If you wish to submit a request to exercise one or more of the rights mentioned above, you can send a letter or e-mail to KEISA or to another company of the Komatsu Group to whom you sent your application or to the general e-mail address PrivacyOffice@komatsu.eu. An e-mail requesting to exercise a right will not be construed as consent with the processing of your personal data beyond what is required for handling your request. Any request has to clearly state which right you wish to exercise and the reasons for it if such is required. It should also be dated and signed, and accompanied by a digitally scanned copy of your valid identity card proving your identity.
We will promptly inform you of having received this request. If the request proves valid, we will honour it as soon as reasonably possible and at the latest thirty (30) days after having received the request.
If you have any complaint regarding our processing of your personal data, please feel free to contact us via e-mail at PrivacyOffice@komatsu.eu. You also have the right to file a complaint with the Belgian data protection authority.