GDPR Privacy Statement - Jan de Wit Group

GDPR Privacy Statement Jan de Wit Group

Introduction

The limited liability companies:

Jan de Wit Group N.V., registered in the Commercial Register of the Chamber of Commerce with number 34149707;
Jan de Wit Autocars N.V., registered in the Commercial Register of the Chamber of Commerce with number 34007234;
Jan de Wit Groepsvervoer N.V., registered in the Commercial Register of the Chamber of Commerce with number 34011082;
Coach Group Holland N.V., registered in the Commercial Register of the Chamber of Commerce with number 33069731;
Taxi Centrale O-Tax N.V., registered in the Commercial Register of the Chamber of Commerce with number 34149713;

and the private company with limited liability:

Makenbach Personenvervoer B.V., registered in the Commercial Register of the Chamber of Commerce with number 61235210;

all established in (2031 BZ) Haarlem at Mollerusweg 1, hereinafter jointly referred to as: “Jan de Wit Group”, process personal data.

The Jan de Wit Group wants this processing to take place in a lawful, proper, safe and transparent manner.

The Jan de Wit Group processes personal data in accordance with Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of natural persons with respect to the processing of personal data: the General Data Protection Regulation (GDPR) (hereinafter referred to as: “the GDPR”). The GDPR came in force on 25 May 2018 and replaced the former Dutch Personal Data Protection Act.

This privacy statement will explain which personal data are processed by the Jan de Wit Group and for what purposes. It also sets out the rights of data subjects and how these rights can be exercised.

This privacy statement applies to the entire organisation and all processes and parts of the Jan de Wit Group (see above). You can contact us at [hrm@jandewitgroup.com] for questions about this privacy statement and/or the personal data processed by the Jan de Wit Group.

Definitions

The following terms in this privacy statement have the following meanings:

Data Subject:	Data Subject within the meaning of the GDPR: an identified or identifiable natural person.
The Jan de Wit Group:	Jan de Wit Group N.V., registered in the Commercial Register of the Chamber of Commerce with number 34149707, Jan de Wit Autocars N.V., registered in the Commercial Register of the Chamber of Commerce with number 34007234, Jan de Wit Groepsvervoer N.V., registered in the Commercial Register of the Chamber of Commerce with number 34011082, Coach Group Holland N.V., registered in the Commercial Register of the Chamber of Commerce with number 33069731, and Taxi Centrale O-Tax N.V., registered in the Commercial Register of the Chamber of Commerce with number 34149713.
Personal Data:	Personal Data within the meaning of the GDPR: any information related to an identified or identifiable natural person; an identifiable person is a person who can be identified, directly or indirectly, in particular by reference to an identifying factor such as a name, an identification number, location details, an online identifier or one or more elements specific to that person’s physical, physiological, mental, economic, cultural, or social identity.
Controller:	Controller within the meaning of the GDPR: a natural or legal person, a government body, an agency or any other body which, alone or with others, determines the purposes and means of the processing of Personal Data; if the purposes and means of this processing are determined by Union or Member State law, this may also define who the controller is or will be appointed as such. The Jan de Wit Group is the Controller in this GDPR Privacy Statement.
Processor:	Processor within the meaning of the GDPR: a natural or legal person, a government body, an agency or any other body which processes Personal Data for the Controller.
Processing:	Processing within the meaning of the GDPR: any operation or a set of operations involving personal data or a set of personal data, whether or not by automatic means such as collecting, recording, organising, structuring, saving, processing or changing, requesting, consulting, using, providing by means of sending, distributing or any other way of disclosing, aligning or combining, securing, deleting or destroying of data.

Data Subjects

The Jan de Wit Group processes the Personal Data of:

customers and their representatives;
prospective customers;
employees;
collaborating partners;
users who wish to use the contact form on the www.jandewitgroup.com website;
anyone who contacts Jan de Wit Group in any way (in writing).

Which Personal Data do we process?

The Jan de Wit Group processes Personal Data that have been provided directly or indirectly by Data Subjects. Personal Data that are provided directly to the Jan de Wit Group may include a name, address, residence, telephone number, e-mail address and bank details. Data are collected indirectly when a Data Subject uses websites belonging to or affiliated with the Jan de Wit Group. Examples of data that are provided indirectly to the Jan de Wit Group may include IP addresses, functional, analytical and tracking cookies.

Th Jan de Wit Group will specifically for your request to use cookies if it is legally obliged to do so. If the website(s) of the Jan de Wit Group use hyperlinks, the Jan de Wit Group will not be responsible for the (content and level of protection of the) websites referred to by these hyperlinks.

Permission to process Personal Data

the Jan de Wit Group is authorised to process Personal Data if:

the Jan de Wit Group has permission from the Data Subject;
the processing is necessary to implement the agreement between the Jan de Wit Group and the Data Subject;
the Jan de Wit Group is legally obliged to process the data;
the Jan de Wit Group has a legitimate interest in the processing of the Personal Data.

Purpose of the processing and the retention period

Type of data

Purpose of the processing

Data concerning the identity of the Data Subject provided to the Jan de Wit Group for its services

· Providing transport services/implementing the (transport) agreement

· Contacting and maintaining this contact

· Administrative purposes

· Fulfilling our legal obligations

· Maintaining our customer base

· Improving and analysing our services

Data about persons who complete the contact form on the website

· Contacting and maintaining this contact

· Providing transport services/implementing the (transport) agreement

· Administrative purposes

· Maintaining our customer base

· Improving and analysing our services

IP addresses of website visitors

· Improving and analysing our services

· Marketing survey

Functional cookies

A cookie is a small amount of automatically saved data when a Data Subject visits the Jan de Wit Group website. The Jan de Wit Group does not use cookies to identify Data Subjects but to track and improve visitor experiences.

Staff details (internal)

· Implementing the employment agreement

· Administrative purposes/updating staff file

· Fulfilling legal obligations

The Personal Data kept by the Jan de Wit Group are stored as long they are necessary for the processing purposes set out in this article but not longer than permitted by law.

If you fill out a contact form on our website or send us an e-mail, we will keep these data to contact you and/or to respond to your request. These data will be kept for a maximum of 1 year after the time of the contact and will be removed if no (additional) services are offered to you.

In addition to the above, administrative data that are subject to a retention obligation for tax purposes will be kept for seven years based on a legal obligation.

Security

The Jan de Wit Group is committed to respecting and protecting your privacy and the security of personal data.

The Jan de Wit Group takes technical and organisational measures to appropriately protect Personal Data against unauthorised or unlawful processing or loss. The scope of the implemented measures will be reasonably proportionate to the risks of the processing and the nature of the data, and to the extent this is possible with a proportionate effort based on the current state of technology and at reasonable costs.

Access to Personal Data

As a rule, nobody will have access to the Personal Data that are processed by the Jan de Wit Group, unless:

The Jan de Wit Group has given permission for this;
The Jan de Wit Group is (or will be) required to disclose the data based on applicable legislation and regulations.

Within the Jan de Wit Group, only the persons who require access to your Personal Data for their position will be given this access.

Also refer to item 9.

Disclosure of Personal Data to third parties

As a rule, the Jan de Wit Group will not share your Personal Data with others. The Jan de Wit Group will only do so based on a good reason or obligation.

> Within the Jan de Wit Group

Your Personal Data can be exchanged between the division of the Jan de Wit Group. For example, based on your request of because you also use the services of another division of the Jan de Wit Group.

> Outside the Jan de Wit Group

Your Personal Data will be shared with third parties if the Jan de Wit Group is legally required to do so. For example, to (European) regulators, the Dutch Tax Authorities, or the police or judicial authorities.

We may also need to share your Personal Data with third parties because the Jan de Wit Group needs to implement an agreement with you or hire another service provider.

The Jan de Wit Group sometimes hires other parties/business partners to process Personal Data on its behalf (also called “processors”). These parties must first be considered sufficiently reliable by the Jan de Wit Group. These parties will only be hired if it matches the processing purposes for which we have processed your Personal Data. This other party will only be given this assignment if it concludes certain agreements with us and has taken demonstrably suitable security measures.

If the Jan de Wit Group shares your data with parties outside the European Union, it will take additional measures to protect your data. Not all countries outside the European Union have the same rules concerning the protection of your data as required within Europe. Do we use third parties outside the EU? And does the country in which this party is located provide insufficient protection for the processing of Personal Data according to the European Commission? If this is the case, the Jan de Wit Group will only share Personal Data if there are other appropriate safeguards, for example, contractual agreements approved by the European Commission or based on the ‘Privacy Shield’ (United States).

The Jan de Wit Group will always ask for your permission in all other cases.

Rights of Data Subjects

Data Subjects have the following rights:

right to information about what is done with their Personal Data and why;
right to access the Personal Data concerning them collected by the Jan de Wit Group;
right to rectification if the Personal Data collected by the Jan de Wit Group are incorrect;
right to removal of data for example, when the processing is unlawful, and in the same spirit, the right to be forgotten;
the right to limit the data processing which gives Data Subject the opportunity to request the Jan de Wit Group to ‘temporarily halt’ the processing of their Personal Data;
the right to object to the data processing based on which the Data Subject in certain cases can object against the (further) processing of his or her Personal Data;
the right to transferability of the data provided by the Data Subject to the Jan de Wit Group. The copy will be provided in a structured common format;
the right to withdraw permission for the processing of Personal Data at any times.

If a Data Subject wishes to rely on one of the aforementioned rights, he or she can do so in writing by sending an e-mail to hrm@jandewitgroup.com. The Data Subject will receive a response from the Jan de Wit Group within four weeks after sending this e-mail.

A Data Subject also has the right to submit a complaint to the Dutch Data Protection Authority if he or she believes that his or her Personal Data are being processed by the Jan de Wit Group in violation of applicable laws and regulations.

Changes, feedback and complaints

The Jan de Wit Group has the right to change this privacy statement at all times. Changes to this privacy statement will be communicated on the Jan de Wit Group website, but the Jan de Wit Group recommends Data Subject to also regularly study this privacy statement. This privacy statement was last updated on: 22 May 2018.

An questions and/or comments about this privacy statement can be sent to hrm@jandewitgroup.com with “privacy statement” as the subject. You can also contact this e-mail address to exercise your rights set out in Article 10 of this privacy statement.

You can send any complaints about this privacy statement or the processing of Personal Data by the Jan de Wit Group to info@jandewitgroup.com with “privacy complaint” as the subject.