version april 2023.

definitions 

For the interpretation of these terms of use, the terms below will have the following meanings:

Randstad Belgium NV, Randstad Construct NV and Randstad Payroll Solutions, hereinafter referred to as Randstad or we: the operating entities of the Randstad group that offer Workaniser to their customers in the context of their services.
Workaniser: a web portal for customers developed by Randstad and made available to support Randstad's staffing services with a view to the correct and efficient exchange of information (data and operations performed). Another name for Workaniser is the client web portal.
 

Workaniser has 5 functionalities:

  • vacancies and candidate tracking
  • planning with access to disponibility of temp workers 
  • timesheet approvals
  • reporting
  • document consulting

User or you/your: any physical person who is authorised to represent the Organisation and is given an access to Workaniser in the exercise of his function within the Organisation in order to access the information processed in Workaniser or to have to perform certain operations. 

Organisation: any legal entity using Workaniser as part of the cooperation with Randstad. The Organisation is validly represented by each User granted access to Workaniser.
 

1. applicability

1.1 these terms of use apply to any use of Workaniser. They form the basis on which you are allowed to access and use Workaniser. They also explain how the personal data you register in Workaniser is processed. By using Workaniser, you unconditionally accept the Terms of Use (both as a User and on behalf of the organisation) and confirm that you are authorised to access and use Workaniser on behalf of the organisation. Randstad reserves the right to verify with the organisation or otherwise that you are indeed authorised to do so.

1.2 we reserve the right to unilaterally modify the content of these terms of use in whole or in part without prior notice. Any changes to our terms of use will take effect immediately from their publication on Workaniser. When using Workaniser, the terms and conditions in force at the time always apply. Please check this page regularly to take note of any changes we have made, as these are binding on you. 

1.3 these terms of use do not affect the applicability of the other (general and specific) terms and conditions applicable to Randstad's Staffing Services under which you access Workaniser.

2. access to workaniser

2.1 you will only access Workaniser in the context of your work for the Organisation. You may access Workaniser on behalf of the Organisation if you are the authorised person to liaise with Randstad on behalf of the Organisation. You will only have access to that information which, in Randstad's reasonable judgement, is relevant to you in the context of the cooperation between the Organisation and Randstad.

2.2 randstad provides you with a personal, non-exclusive right to use Workaniser.

2.3 you are fully responsible for protecting your account data. You should keep your account details carefully and not distribute them further. You are responsible for all (legal) actions carried out with your account data. If you have reason to believe that third parties know your account details, change your password immediately by clicking "forgot password" on the login screen. Never use your Workaniser account details on another website. If you have lost your account details, you can reapply for them yourself via the Workaniser login screen.
Note: Randstad will never request usernames and/or passwords via e-mail or on other websites.

3. use of workaniser

3.1. general

  • the right of use is granted for as long as you are active with the organisation and ends in case of an inactivity of 6 months and 1 day or upon termination of the cooperation between Randstad and the organisation. The organisation is only entitled to use Workaniser for its own internal business purposes and is not entitled to resell the ICT resources whether bundled with its own services or not, offer them to third parties on any other basis or use them for the benefit of third parties.
  • in using Workaniser, you must exercise all due care and comply with applicable laws and regulations, these terms of use and the (further) terms of use and/or user instructions published with or for Workaniser or otherwise provided by Randstad, including any changes thereto. 
  • Insofar as you provide information yourself (which includes entered hours worked) via Workaniser or by e-mail, this must be correct and complete. Randstad has no responsibility to check the data you enter for completeness or accuracy. You and the organisation shall be liable to Randstad for any damage in connection with any inaccuracy or incompleteness of the information provided by you to Randstad and shall indemnify Randstad in this respect.
  • all telecommunication costs associated with the use of Workaniser shall be borne by you and the organisation respectively.
  • randstad reserves the right to periodically change (or have changed) your Workaniser account details or - for any reason - close accounts without prior notice. Closure of the Workaniser account will be an issue in any case:
    • if you or the organisation indicate that you are not or no longer authorised to access and use Workaniser;
    • if you fail to comply with the provisions of these Terms of Use or contractual terms.

3.2. special functionalities

  • registering and managing candidates
    Subject to prior written approval from Randstad, an organisation may use Workaniser to register candidates for employment themselves. In this case, the organisation is fully liable for the selection of the candidate. The customer should always bear in mind the following:
    • for all candidates, Randstad must always validate the registration before the candidate is allowed to start. Randstad provides rapid validation within business hours of newly registered candidates. Consequently, the organisation will not schedule a candidate who has not yet been validated by Randstad. Randstad bears no responsibility for the scheduling of non-validated candidates.
    • the organisation is itself responsible for its own registration, for the correctness and accuracy of the personal data entered and for the protection of such personal data for registration in Workaniser. The provisions of article 5 apply in full.

  • planning completion and employment
    Before a scheduled candidate may start their performance, Randstad must have time to prepare the employment contract with the candidate and execute the linked dimona before the start of performance. Consequently, it is not allowed to schedule candidates less than 30 minutes before the start of performances.

    The customer shall be liable for failure to comply with the above provisions and shall indemnify Randstad against any recourse in this regard.

4. intellectual property rights

4.1 all intellectual property rights to Workaniser (including all texts, software, data files, formats, graphics, photos,...) as well as the property rights in respect of the underlying 
works and inventions belong to Randstad or their licensors. Except as otherwise provided in these terms of use and applicable law, you may not copy, reproduce, publish, store, save, modify, distribute and/or otherwise disclose or reproduce Workaniser in any way without Randstad's prior written consent.

4.2 subject to the provisions of Article 5 of these terms of use, it is permitted to make a copy of make (parts of) the information on Workaniser and/or these terms of use and/or to 
save for lawful use for the benefit of the Organisation. By 'lawful use' is meant others understood:

  • use in connection with the performance of the agreement(s) between the organisation and Randstad
  • use in fulfilment of legal (retention) obligations of the organisation

4.3 the (historical) information on Workaniser is not displayed and/or stored for you indefinitely. You and the organisation are solely responsible for complying with your/the organisation's retention obligations under law, regulation or agreement. To the extent that this retention obligation extends to the information on  Workaniser, in accordance with clause 5.2, you are entitled to copy or store this information for the purpose of for the benefit of the organisation.

5. processing of personal data and confidentiality

For the purposes of this article, Privacy Law refers to the Act of 30 July 2018 and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data.

5.1 processing of user personal data

In order to provide you with access to Workaniser, Randstad requires some personal data. Randstad will treat such data with care and confidentiality as set out in the privacy statement of Randstad.

what personal data?

The minimum information required is:

  • name, surname, gender, address post;
  • link to the client's organisational structure;
  • roles for each link to the organisational structure.

Optionally, a mobile phone number is also added.

purpose and legal basis of processing?

  • registration of the contact person as a "user" of Workaniser to give him/her access to the necessary information in the context of the provision of staffing services and related communications.
  • legal basis: performance of the agreement

controller of processing?

Randstad is the Data Controller of the registered personal data of the "user" within the meaning of the Act of 30 July 2018 and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data.

transparency

The processing of the contact person's personal data takes place in accordance with the privacy statement for business relations of Randstad and the terms of use in this document.

retention of data

The contact's personal data will remain in Workaniser for as long as the contact remains the authorised person to liaise with Randstad on behalf of the organisation and as long as the cooperation between Randstad and the organisation was not terminated.

GDPR-rights

GDPR implementation is not automated within Workaniser, but manually supported by sending an email to your contact.

location of the processing
The personal data is processed exclusively in the EU by Randstad.
 

5.2 processing of personal data of (candidate) temporary workers

The information on Workaniser is of a confidential nature and contains the personal data of (prospective) temporary workers. You should treat this information with care.  The personal data exchanged through Workaniser is necessary for the performance of the Staffing Services and in the context of the employment of the temporary workers with the Organisation and may only be used in this context for: 

  • posting and handling of applications
  • work planning at the organisation
  • checking and, if necessary, correcting the submitted timesheets
  • identification/registration of (candidate) temporary workers
  • assessing the suitability and availability of (candidate) temporary workers for fulfilment of the application/assignment
  • internal management information
  • consultation of documents (invoice, social balance)

Within the meaning of the Act of 30 July 2018 and Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data, hereinafter referred to as Privacy Act, Randstad is considered the responsible for processing the data of its candidates/employees. The organisation is also considered to be the controller of the personal data of the candidates/employees/own employees or employees of external companies that it processes on the basis of its own responsibilities and its own legal bases. As data controllers, Randstad and the organisation are obliged to keep such personal data confidential in accordance with the privacy act and related laws and regulations.
 

5.3 the information on Workaniser may not be made available to third parties, unless this is done 
in the context of the performance of a legal obligation, of the service agreement and/or with Randstad's consent.

5.4 to the extent that the information you provide includes personal data, Randstad will assume that you have has an appropriate legal basis under the privacy act to provide this personal data. You and the customer shall be liable to Randstad for any damage resulting from the absence of this legal basis or any other failure to comply with the laws and regulations referred to in paragraph 2 when providing and processing the personal data, and shall indemnify Randstad against claims of third parties in this respect.

5.5 the personal data is processed exclusively in the EU by Randstad.

6. disclaimer

6.1 the information on Workaniser has been compiled with the utmost care. Nevertheless, Randstad can does not guarantee that it is always correct, complete and/or up-to-date. Imperfections may result, for example, from Randstad's dependence on information from third parties, such as temporary workers, the administrative processes used, the technology used, telecommunications facilities or the medium of the internet. No rights can therefore be derived from the information on Workaniser. Randstad reserves 
reserves the right to amend this information without prior notice, for example if it is incorrect or not appears to be topical.

6.2 randstad makes every effort to keep its website functioning properly and secure against unauthorised and/or unauthorised use. However, Randstad cannot guarantee uninterrupted operation, availability and security of Workaniser. Workaniser temporarily inaccessible are and/or malfunction, for example due to failures in telecommunications facilities,the internet medium and/or website maintenance. Nor does Randstad warrant that Workaniser is free of viruses, contamination or other harmful features or that third parties, including other users, unlawfully access and use your data for their own purposes. Randstad excludes all liability for acts or omissions of other users of Workaniser 
and third parties regarding or related to your use of Workaniser from. You use Workaniser at your own risk.

6.3 you are entirely responsible and liable for your use of Workaniser and shall indemnify Randstad against third party claims related to or arising from your use of Workaniser and/or of the information on Workaniser.

7. security

Your privacy and the security of your personal data and that of (prospective) temporary workers are important to Randstad. We are responsible for ensuring that all personal data entrusted to us is processed in accordance with privacy law applicable data protection legislation. For more information regarding the security measures applied in Workaniser, please check our whitepaper.

If you know about a data leak, or you assume a data leak, please immediately pass this on to us via information.security@randstadgroup.be.

8. applicable law and competent court

The Dutch-speaking chambers of the courts of Brussels, Brussels Division, shall have exclusive jurisdiction to hear any disputes arising out of or relating to these terms of use, your access to and use of Workaniser and all matters and disputes relating thereto. Only Belgian law is applicable, to the exclusion of the referral rules provided for therein.