Privacy Policy

Please read carefully Jober s.r.o.’s privacy statement.

The relationships arising in connection with the provision of your personal data, in particular the protection of your rights against unauthorised processing of personal data, rights, obligations and liability in the processing of personal data of natural persons are regulated by 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 and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and Act No. 18/2018 Coll. on the protection of personal data (hereinafter referred to as the “Act”).

The operator for the purposes of the Act is Jober s.r.o. Múzejná 5101/14a, 929 01 Dunajská Streda, ID No.: 50111272, (hereinafter referred to as the “Controller”), registered in the Commercial Register of the District Court of Trnava, Section: Sro, File No. 38540/T, on whose behalf personal data are processed by intermediaries, in particular::

  1. a supplier of accounting services ensuring proper bookkeeping, tax, payroll and levy records and prescribed records of the operator; and
  2. user employers who have concluded a contract for the temporary assignment of an employee.

Your requests or questions regarding the processing of personal data can be addressed by email to: jober@jober.sk , or by post to , Jober s.r.o. Múzejná 5101/14a, 929 01 Dunajská Streda, (hereinafter referred to as the “contact address”).

 

Purposes of the processing of personal data and their legal basis

The purpose of processing personal data is:

  1. the conclusion of an employment contract, temporary assignment agreement or other contract with a controller who processes the personal data of the data subject himself or herself or by processors on behalf of the controller,
    the conclusion and performance of a contract of employment for remuneration,
    facilitating the performance of mutual obligations arising out of an employment relationship, a contract of employment for remuneration or any other contractual relationship,
    answering questions sent via the enquiry form on the website of the controller, at the request of the data subject,

(hereinafter referred to as “for the purposes of entering into an employment relationship and the performance of obligations under an employment or other contractual relationship or answering an enquiry”),

the legal basis for the processing of personal data for the purposes of entering into an employment relationship and the performance of obligations under an employment relationship or other contractual relationship or answering an enquiry is, within the meaning of Section 13(1)(b) of the Act, to ensure the performance of contractual obligations to which the data subject is a party or the need for pre-contractual measures (pre-contractual employment relationships within the meaning of the Labour Code, answering enquiries by means of an enquiry form) on the basis of a request made by the data subject;

5. performance of obligations and exercise of special rights of the controller (employer, user employer) or the data subject, in particular in the field of labour law, employment services, social security law, social protection, public health insurance, financial law and accounting under a special regulation, an international treaty to which the Slovak Republic is bound or a collective agreement,

(hereinafter referred to as ‘accounting, tax, payroll and levy purposes and prescribed records’),

the legal basis for the processing of personal data for the purposes of bookkeeping, taxes, wages and levies and prescribed records are special regulations within the meaning of Section 13 (1) (c) of the Act, in particular Act No. 311/2001 Coll., the Labour Code, Act No. 55/2017 Coll., the Civil Service Act, Act No. 552/2003 Coll., the Act on the Performance of Work in the Public Interest, Act No. 5/2004 Coll., the Employment Services Act, Act No. 553/2003 Coll., the Act on the Performance of Work in the Public Interest, Act No. Act No. 461/2003 Coll. on social insurance, Act No. 43/2004 Coll. on old-age pension savings, Act No. 650/2004 Coll. on supplementary pension savings, Act No. 580/2004 Coll. on health insurance, Act No. 152/1994 Coll. on social fund, Act No. 395/2002 Coll. on archives and registers, Act No. 595/2003 Coll. on income tax and Act No. 431/2002 Coll. on accounting;

6. the assertion of claims arising from the employment relationship, commercial or other legal relationship and from other rights or legally protected interests of the controller, the data subject, in particular in administrative, judicial or enforcement proceedings,

(hereinafter referred to as “legitimate interest protection purposes”),

the legal basis for the processing of personal data for these purposes is the protection of the legitimate interests of the controller, the data subject or a third party within the meaning of Section 13(1)(f) of the Act, except where those interests are overridden by the interests or rights of the data subject requiring the protection of personal data. The definition of the legitimate interest of the controller is set out in point 6. We wish to inform you that the controller or processors are entitled to process the personal data of the data subject to the extent indicated also without the data subject’s consent for the purpose of protecting the legitimate interests of the controller or of a third party, and is entitled to disclose the personal data to another natural or legal person, but only for the purpose of, and only if it is necessary for the protection of, the rights or legitimate interests of the controller or of the data subject exercised in particular in an administrative, judicial or enforcement proceeding,

7. preparation and sending of general marketing messages – newsletter and preparation and sending of individual job offer that meets as much as possible the interest and requirements of the employee, job seeker (person concerned), in particular the job position, salary (salary), place and time of work, required qualifications (experience, education) and other characteristics of the job position requested by the employee or jobseeker, which is offered on the basis of an evaluation of the interests or personal preferences provided by the data subject and on the basis of an evaluation of the data subject’s data on previous employment relationships with the employer and with user employers.

(hereinafter referred to as “for the purposes of preparing an individual job offer, marketing communication and improving the quality of the services provided”),

the legal basis for the processing of personal data for the purposes of preparing an individual job offer, marketing communication and improving the quality of the services provided is your demonstrable consent to the processing of your personal data for these purposes within the meaning of Section 13(1)(a) of the Act. You can withdraw this consent at any time;

Scope of processing of personal data

    1. The controller processes personal data itself or by processors on behalf of the controller, in particular, but not exclusively, to the following extent(s):

      in the case of a data subject – an employee or a job applicant
      name and surname, maiden name, title, signature, date of birth, place of birth, birth number, nationality (citizenship), sex, permanent, temporary residence of the employee, spouse and children, data on education, legal capacity, telephone and email contact, bank account number,
      marital status, number of dependent children, job classification, type of employment relationship, start date, details of temporary assignment to the user employer, date and reason for termination of the employment relationship, name of workplace, job classification, components of wage or salary, amounts affected by enforcement of a decision (fines, compensation imposed on the employee by an enforceable decision), details of hours worked, entitlement to and use of leave, compensatory leave, obstacles to work, information on disability, changed or reduced working capacity and related restrictions, information on previous employers, including information from certificates of previous employers, information on the employee’s registration as unemployed, information on integrity, information on pregnancy, maternity and parental leave, temporary

      incapacity for work, receipt of child benefits, tax bonus, state social benefits, benefits or advances of social insurance (in particular sickness, pension) or state social benefits which the employee is obliged to repay, data on the award of a pension and the type of pension, the annual total of pensions paid out, data from the employee’s contract with the supplementary pension insurance company, certificates of acquaintance with classified information, data on work experience, on training and on certificates or authorisations obtained (e.g.
      other personal data included in the CV, other data necessary for the exercise of rights and obligations related to insurance with a health insurance company, social insurance company, pension management company and supplementary pension insurance, in particular technical identifiers used in electronic communication assigned to the data subject,
  1. in the case of a data subject who is a natural person who is an entrepreneur or a legal person
    name and surname, title, business name of the natural person’s entrepreneur, date of birth,
    the name and surname, title of the statutory body or other person authorised to act on behalf of the legal person or natural person entrepreneur,
    place of residence/place of business (street, registration/orientation number, municipality, postcode, country)
    registration number, tax identification number, VAT number, if applicable,
    contact details (telephone number, email address, or other communication contact),
    history of fulfilment of contractual obligations.

Voluntary provision of personal data

We would like to inform you that the provision of personal data is voluntary and is necessary for the conclusion of a contract with the data subject and for the fulfilment of the obligations arising therefrom and for the fulfilment of the related statutory tax, levy and registration obligations of the controller.

Failure to provide personal data even to the extent necessary for the identification of the contracting party shall result in the impossibility of concluding a contract. If you do not provide personal data to the extent necessary for the identification of the employee for the purposes of employment services, social, (pension), health insurance, tax records and the fulfilment of obligations under the employment relationship, it results in the impossibility of concluding

employment contract. If you do not provide the necessary additional personal data proving your qualifications and authorisations, the consequence will be the impossibility of exercising the authorisations within the employment relationship, the exercise of which is conditional upon the demonstration of specific competence by these additional personal data. Failure to provide the other personal data limits the possibility of offering the job seeker or employee a suitable job which best meets the interest and requirements of the employee or job seeker.

 

Automated individual decision-making and profiling

We would like to inform you that the controller does not operate automated individual decision-making which is based solely on automated processing of personal data and which has legal effects concerning the data subject or similarly significantly affecting him or her.

You have the legal right at all times to object to a decision which is based solely on automated processing of personal data, including profiling, and which has legal effects concerning you or similarly significantly affecting you not being applied to you.

We would like to inform you that for the purposes of entering into an employment relationship and fulfilling the obligations arising from the employment relationship, or if you have given your consent to the processing of personal data for the purposes of preparing an individual offer of employment and improving the quality of the services provided, the operator operates profiling, which is based on automated processing of your personal data evaluating the personal data provided by you and data about your previous employment relationships with user employers. The aim of profiling is to select suitable job offers and send you an individual job offer that best meets your interest and your requirements for employment, in particular the requirements for the job position, the salary (wage), the place and time of work, the required qualifications (experience, education) and other characteristics of the job position that you require. Profiling does not have any legal effects concerning you or similarly significantly affecting you.

Recipients of personal data

Neither the controller nor the processors shall disclose or transfer the processed personal data of the data subject to third countries.

The categories of recipients of the personal data of the data subject are:

the user employer with whom the controller has concluded a contract for the temporary assignment of employees,
the social security institution,
the relevant supplementary pension management company, (Pillar III)
the competent health insurance undertaking,
the state authorities exercising administration, in particular in the departments of employment services, labour inspection, financial administration (tax office), labour law, social security law, social protection, public health insurance and public health, archives, according to a special regulation,
legal services contractor (contracting and claiming),
the contractor processing the operators’ accounts and auditing them,
the data subject asserting his rights.

Retention period of personal data

The controller processes the personal data of the data subject himself or by processors on behalf of the controller for:

for the purposes of entering into an employment relationship and the performance of obligations under an employment relationship or other contractual relationship or answering an enquiry, and for the purposes of protecting legitimate interests up to 10 years after the termination of the employment relationship, 70 years in the performance of work in the public interest, 50 years in the civil service, determined by special regulations and within the meaning of the registration regulations, until the termination of the contractual relationship and the full settlement of the rights and obligations of the parties under the contracts and up to 9 months in the case of personal data relating to the answer to questions sent via the enquiry form, at the request of the data subject,
for the purposes of accounting, tax, payroll, payroll deductions and prescribed records until the time prescribed by specific regulations, in particular Act No. 461/2003 Coll. on Social Insurance, Act No. 580/2004 Coll. on Health Insurance, Act No. 595/2003 Coll. on Income Tax and Act No. 431/2002 Coll. on Accounting,
for the purposes of preparing individual job offers, marketing communication and improving the quality of the services provided for 9 months from the date of consent, unless the consent to the processing of personal data is withdrawn earlier by the data subject. The data subject shall have the right to have personal data concerning him or her erased by the controller without undue delay.

Maintaining the integrity and confidentiality of personal data

We would like to inform you that the controller and processors process personal data in a manner that ensures, through appropriate technical and organisational measures, adequate security of personal data, including protection against unauthorised processing of personal data, unlawful processing of personal data, accidental loss of personal data, erasure of personal data or damage to personal data. The controller is responsible for compliance with the basic principles of personal data processing, for the compliance of the processing of personal data with the principles of personal data processing.

 

Rights of the data subject

You may exercise the data subject’s rights by writing to the controller by email to: jober@jober.sk , or by post to the contact address of Jober s.r.o. Múzejná 5101/14a, 929 01 Dunajská Streda

 

Right to object to the processing of personal data

You have the right to object to the processing of your personal data on grounds relating to your particular situation carried out pursuant to Section 13(1)(f) of the Act for the purposes of the protection of legitimate interests, including profiling based on these provisions. The controller may not, and therefore will not, further process the personal data unless it demonstrates compelling legitimate interests for the processing of the personal data which override the rights or interests of the data subject or grounds for exercising a legal claim.

You have the right to object to the processing of your personal data for the purpose of direct marketing, including profiling to the extent that it is related to direct marketing.

Although no automated decision-making based on automated processing of personal data of data subjects is carried out by the controller or processors, the data subject has the legal right to object to a decision based solely on automated processing of personal data, including profiling, which has legal effects concerning him or her or similarly significantly affects him or her.

The right to obtain access to personal data concerning the data subject from the controller

The data subject has the right to obtain from the controller:

confirmation as to whether personal data relating to him or her are being processed,
access to those personal data; and
information on:
the purpose of the processing of the personal data,
the category of personal data processed,
the identification of the recipient or the category of recipient to whom the personal data have been or are to be disclosed, in particular a recipient in a third country or an international organisation, if applicable,
the period of retention of the personal data; if this is not possible, information on the criteria for determining it,
the right to request the controller to rectify, erase or restrict the processing of personal data relating to the data subject or to object to the processing of personal data,
the right to bring an action pursuant to Section 100 of the Act,
the source of the personal data, if the personal data were not obtained from the data subject,
the existence of automated individual decision-making, including profiling pursuant to Article 28(1) and (4) of the Act; in these cases, the controller shall provide the data subject with information, in particular on the procedure used as well as on the significance and the envisaged consequences of such processing of personal data for the data subject.

Right to rectification of personal data of the data subject

The data subject shall have the right to have inaccurate personal data concerning him or her rectified by the controller without undue delay. Having regard to the purpose of the processing of personal data, the data subject shall have the right to have incomplete personal data completed.

 

Right to erasure of personal data and right to restriction of processing of personal data

The data subject shall have the right to have personal data concerning him or her erased by the controller without undue delay. The controller shall erase the personal data without undue delay where the data subject has exercised the right to erasure if,

the personal data are no longer necessary for the purpose for which they were collected or otherwise processed,
the data subject withdraws the consent under which the processing of the personal data is carried out and there is no other legal basis for the processing of the personal data,
the data subject objects to the processing of personal data pursuant to Article 27(1) of the Act (for the purpose of the legitimate interests of the controller or of a third party) and there are no overriding legitimate grounds for the processing of the personal data,
the data subject objects to processing concerning him or her for the purpose of direct marketing, including profiling to the extent that it is related to direct marketing,
the personal data are being processed unlawfully,
the ground for erasure is the fulfilment of an obligation under this Act, a special regulation or an international treaty to which the Slovak Republic is bound, or
the personal data were collected in connection with the offer of information society services pursuant to Article 15(1) of the Act.

The data subject shall have the right to have the controller restrict the processing of personal data if

the data subject objects to the accuracy of the personal data for a period allowing the controller to verify the accuracy of the personal data,
the processing of the personal data is unlawful and the data subject objects to the erasure of the personal data and requests instead the restriction of their use,
the controller no longer needs the personal data for the purpose of processing the personal data but the data subject needs them to exercise a legal claim; or
the data subject objects to the processing of personal data pursuant to Article 27(1) of the Act (for the purpose of the legitimate interests of the controller or of a third party), pending verification whether the legitimate grounds on the part of the controller outweigh the legitimate grounds of the data subject.

Where the processing of personal data has been restricted pursuant to the preceding paragraph, the controller may, in addition to storage, process the personal data only with the consent of the data subject or for the purpose of exercising a legal right, for the protection of persons or for reasons of public interest. The controller shall inform the data subject whose processing of personal data is restricted before the restriction on the processing of personal data is lifted.

Right to portability of personal data

The data subject shall have the right to obtain the personal data concerning him or her which he or she has provided to the controller in a structured, commonly used and machine-readable format and shall have the right to transfer those personal data to another controller, where technically feasible and where the processing of the personal data of the data subject is based on the consent to the processing of the personal data provided by the data subject himself or herself or where the processing of the personal data is based on a contractual relationship to which the data subject is a party. The exercise of the right to obtain and transfer personal data shall be without prejudice to the right under the erasure of personal data.

 

The right to withdraw your consent to the processing of personal data at any time

The data subject shall have the right to withdraw consent to the processing of personal data concerning him or her at any time. The data subject may withdraw the consent in the same way as he or she gave the consent. Although the controller processes the data subject’s personal data only on the basis of the legal bases set out in Article I, the manifestation of withdrawal of consent shall not affect the lawfulness of the processing of personal data which the controller and the processor are entitled to process even without the data subject’s consent for the purposes of:

the performance of contractual obligations after the conclusion of the contract,
the protection of legitimate interests until the termination of the employment relationship and the full settlement of rights and obligations,
keeping accounts, taxes, payroll and levies and prescribed records.

The right to bring a data protection action

A data subject who claims to be directly affected by his or her rights under the Act may file a petition for the initiation of proceedings for the protection of personal data pursuant to Section 100 of the Act with the Office for Personal Data Protection, Hraničná 12, 820 07, Bratislava 27, Slovak Republic.

25.05.2018

Jober s.r.o.