PERSONAL DATA PROTECTION
- Introductory Provisions
- Principles of Processing and the Security of Personal Data
- Processing of Personal Data When Providing Services on the Website
- Rights of Concerned Parties
1. Introductory Provisions
Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. are organisations with a long tradition of providing services to entities operating on the labour market. It is the strategic objective of Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. to ensure financial and economic stability, improve the quality of the services provided, develop good relationships with its partners, and enhance the company’s reputation.
Implementing these objectives depends on the constant improvement of the management quality, as well as the quality and efficiency of the provided services that apply the latest IT-assisted procedures. We realise that the security and protection of personal data is an integral part of the use of information technologies.
The Security Policy of Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. stipulates the necessary and economically appropriate measures to protect the assets of the information system, individuals, and property, and to implement security mechanisms into the system of technologies used.
The management of Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. is responsible for proper risk assessment and its efficient management with respect to the protection of assets that are essential for ensuring the proper functioning of the organisation. The primary objective of managing such risks is to prevent, manage, and recover from security incidents.
To protect vital assets falling within internal security, we have, in cooperation with experts, applied security measures that are adapted to the latest knowledge and needs of the organisation. In designing them, we implemented technical and organisational measures that aim to:
ensure the availability, integrity, and reliability of management systems through state-of-the-art information technologies,
protect sensitive commercial and personal data from being lost, damaged, stolen, modified, or destroyed, and to maintain the confidentiality of the processed data,
identify potential problems and sources of disruption and to prevent them.
Therefore, Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. has adopted appropriate technical and organisational measures to ensure the level of security in the processing of personal data (including the DPIA dossier), and has developed a security project that is regularly updated and defines the scope and method of security measures needed to eliminate and minimise threats and risks affecting our company’s information systems.
Profesia, spol. s r.o. / Profesia CZ, spol s r. o. processes the personal data of the Concerned Parties exclusively in accordance with Slovak Act No. 18/2018 Coll. and Czech Act No. 101/2000 Coll. on the Protection of Personal Data and 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 on the protection of individuals with regard to the processing of personal data. Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. is an operator of personal data.
Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. has issued this document, which includes the basic rules for the processing of personal data in providing services through the website www.domelia.sk / www.domelie.cz (hereinafter the “Website”). Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. reserves the right to amend and supplement this document, while informing its business partners immediately by posting any changes on the Website and specifying the date from which such changes take effect. All rights which are not explicitly provided for herein shall be governed by the General Terms and Conditions of Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. and by the applicable Slovak/Czech legislation.
This document is in accordance with the applicable provisions of::
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, repealing Directive 95/46/EC on the protection of personal data (hereinafter the “Regulation”),
Act No. 18/2018 Coll. on the Protection of Personal Data (hereinafter the “Act”),
Act No. 351/2011 Coll. on Electronic Communications, as amended
Act No. 22/2004 Coll. on Electronic Commerce and amending Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on the amendment of some acts, as amended by Act No. 284/2002 Coll. as amended.
Personal data is any information regarding an identified or identifiable natural person (hereinafter the “Concerned Party”); an identifiable natural person is a person who can be identified directly or indirectly, in particular by reference to an identifier such as name, identification number, location data, online identifier, or a reference to one or more elements specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person;
Concerned Party means the person to whom the personal data relates.
An Operator is a natural or legal person, a public authority, an agency, or other entity that, alone or jointly with others, determines the purposes and means of processing personal data; where the purposes and means of such processing are laid down in European Union law or in the law of a Member State, the operator or the specific criteria for the operator’s designation may be determined by European Union law or by the law of a Member State;
An Agent is a natural or legal person, a public authority, an agency, or other entity that, alone or jointly with others processes personal data on behalf of an operator;
A Client is a natural person or a legal entity that publishes an Advert (Household) or Profile (Helper) on the Operator’s Website per the Operator’s terms and conditions.
Helper is a Client that uses the services provided on the Website to perform work for a Household.
Household is a Client that is looking for a Helper for their own needs or the needs of a family member.
Services represent the products that Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. provides to Clients via the Website. Services provided to Clients in terms of processing personal data include: the ability to post an Advert via the Website, publish a Profile, respond to a published Advert, and respond to a published Profile.
An Advert is a type of service offered to Households that represents the publication of advertised notices in text form or with photo documentation on the Website; such work primarily involves childcare, household help, tutoring, senior care, disabled care, handyman services, and health and beauty services.
The Posting of a Profile is a type of service provided to Helpers that provides them with the ability to create a profile via the Website, which represents an offer to provide the following work: childcare, household help, tutoring, senior care, disabled care, handyman services, and health and beauty services.
The Processing of Personal Data is conducted in operations or sets of operations involving personal data, especially their procurement, aggregation, dissemination, recording, configuration, adaptation or modification, searching, browsing, rearrangement, combination, relocation, use, storage, blocking, disposal, provisioning, disclosure/provisioning, or publication.
The provisioning of personal data is the handover of such personal data to a third party for further processing.
The disclosure of personal data includes the notification of personal data or providing access to such data to the recipient, with no further processing.
Consent from the Concerned Party is granted freely in the form of an express and comprehensive manifestation of will, by which the Concerned Party expresses their consent to the processing of their personal data. Consent shall be demonstrated by an audio or audio-visual recording or by an affidavit of the person who provided the personal data stored in the filing system, or in another reliable manner. Written Consent is demonstrated by a document that confirms the granting of Consent. The proof of Consent shall in particular contain information on the person granting the Consent, the entity to which the Consent was granted, the purpose, list, or scope of the personal data provided, and the term of validity of the Consent.
The anonymisation of personal data is a step via which personal data is modified into such a format that prevents its assignment to the Concerned Party whose personal data is involved.
3. Principles of Processing and the Security of Personal Data
Personal data must be:
processed lawfully, fairly, and transparently in relation to the Concerned Party (“legality, justice, and transparency”),
obtained for specified, explicit, and legitimate purposes, and may not be further processed in a way that is incompatible with those purposes (“purpose limitation”),
reasonable, relevant, and limited to the extent necessary for the purposes for which it is processed (“data minimisation”),
correct and, if necessary, updated; all necessary measures must be taken to ensure that personal data that is incorrect in respect of the purposes for which it is processed is erased, corrected, or deleted without delay (“correctness”),
stored in a form that permits the identification of Concerned Parties as long as it is necessary for the purposes for which the personal data is processed (“minimisation of storage”),
processed in a manner that guarantees the reasonable protection of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction, or damage, through appropriate technical or organisational measures (“integrity and confidentiality”).
The Operator is responsible for compliance with the above principles and must be able to demonstrate this compliance (“responsibility”).
The processing of personal data is legal only if and only to the extent that at least one of the following conditions is met:
the Concerned Party has consented to the processing of their personal data for one or more specific purposes,
processing is necessary for the performance of the contract to which the Concerned Party is a party, or to take measures prior to the conclusion of the contract at the request of the Concerned Party,
processing is necessary to fulfil a legal obligation of the Operator,
processing is necessary to protect the vital interests of the Concerned Party or another natural person,
processing is necessary to fulfil a task carried out in the public interest or in the exercise of public authority entrusted to the Operator,
processing is necessary for the purposes of legitimate interests pursued by the Operator or a third party, except where such interests are prevailed over by the Concerned Party’s interests or fundamental rights and freedoms that require the protection of personal data, in particular where the Concerned Party is a child.
The Operator is particularly obliged:
to determine, prior to the commencement of personal data processing, the purpose of personal data processing, which needs to be clear and defined unequivocally and specifically, and must be in compliance with the Constitution of the Slovak Republic / Czech Republic, the constitutional laws, as well as the laws and international treaties by which the Slovak Republic / Czech Republic is bound,
to determine the conditions of personal data processing so as not to limit the Concerned Party’s right stipulated by the law to obtain personal data exclusively for the designated or specified purpose; it is inadmissible to obtain personal data under the pretext of another purpose of processing or another activity,
to ensure that only personal data, the scope and content of which match the said purpose of processing and are required to achieve said purpose, is processed,
to ensure that personal data is processed and used solely in the manner corresponding to the purpose for which it was collected; the combining of personal data obtained for various purposes is inadmissible,
to ensure that the collected personal data is processed in a manner enabling the identification of the Concerned Party only during a period no longer than is necessary to achieve the purpose of the processing,
to destroy or anonymise personal data whose purpose of processing has ceased to exist; once the purpose of processing ceases to exist, personal data may only be processed to the extent necessary for historical research, scientific research and development, or for statistical purposes. When processing personal data for the purposes set forth in the previous sentence, the Operator is obliged to mark and anonymise such data.
4. Processing of Personal Data When Providing Services on the Website
Personal Data involved in Publishing a Profile
Services provided to Helpers include the ability to complete an on-line form on the Website to create a Profile and to publish it on the Operator’s website.
A Profile includes data classified as Personal Data under the Regulation and the Act. Therefore, such Personal Data may only be processed with the consent of the Concerned Party. The Concerned Party declares that all disclosed Personal Data is true before the creation and publication of their Profile and grants its consent to Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. to process its Personal Data.
The purpose of the processing of this Personal Data is to provide assistance to the Helper as a job seeker to find a suitable job. Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. is authorised to disclose/provide the Personal Data contained in the profile to its Client based on the consent of the Concerned Party and for the purposes disclosed in the previous sentence.
The Personal Data contained in the Concerned Party’s Profile is disclosed/provided to Households and Business Partners over the Internet via the Operator’s website for a period of 3 months from the date of consent to the processing of their personal data. After the expiration of this period, the Personal Data contained in the Profile shall not be made accessible and will remain stored in the Profile if the Concerned Party once again discloses/provides this data.
Data contained in the Profile shall be rendered permanently anonymous and shall only be used for statistical purposes after a period of 3 years has passed since the Helper’s last login to their registered account on the Operator’s website. A Concerned Party may terminate or restore the disclosure/provisioning of a Profile at any time. Upon written request from the Concerned Party, Profesia, spol. s. r.o. / Profesia CZ, spol. s r. o. is obliged to definitively delete their Personal Data.
A Profile includes: at least one means of contact (email address or phone number), highest level of completed education, the type of service they are interested in providing, the location in which they want to provide the service, number of years of experience, frequency of providing the service, the requested compensation, gender (exclusively for the purposes of statistical processing), month and year of birth, languages they speak, if they will work with pets, and if they are a smoker. The Concerned Party alone decides what other data to provide in their Profile; Profesia, spol. s r.o./ Profesia CZ, spol. s r. o. does not require that any other information be provided. Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. in no way requires that a Concerned Party disclose any data considered a special category as defined in Article 9 of the Regulation or §16 of the Act. The processing of personal data is required to effectively provide the given service.
Personal Data involved in Publishing an Advert
Services provided to Households include the ability to complete an on-line form on the Website to Publish an Advert and to publish it on the Operator’s Website.
Personal data involved in responding to the Published Advert
Services provided to Helpers include the ability to answer or respond to an Advert published on the Operator’s Website. Households publish Adverts. Only Helpers who have created a Profile on the Operator’s Website or a Business Partner that has created a Company Profile on the Operator’s Website may respond to an Advert.
The Personal Data contained in the Concerned Party’s Profile is disclosed/provided to Households and Business Partners over the Internet via the Operator’s website.
A Profile includes data classified as Personal Data under the Regulation and the Act. Therefore, such Personal Data may only be processed with the consent of the Concerned Party. The Concerned Party declares that all disclosed Personal Data is true before the creation and publication of their Profile and grants its consent to Profesia, spol. s r.o. to process its Personal Data.
The purpose of the processing of this Personal Data is to provide assistance to the Concerned Party as a job seeker to find a suitable job. Profesia, spol. s r.o. is authorised to disclose/provide the Personal Data contained in the profile to its Client (Household) in response to a published Advert based on the consent of the Concerned Party and for the purposes disclosed in the previous sentence. The processing of personal data is required to effectively provide the given service.
5. Rights of Concerned Parties
The Operator will take appropriate measures to provide the Concerned Party with all the information referred to in Articles 13 and 14 of the Regulation and all communications under Articles 15 to 22 and Article 34 of the Regulation relating to processing, in a concise, transparent, comprehensible, and easily accessible form, clearly and easily formulated, especially in the case of information intended specifically for a child. Information shall be provided in writing or by other means, including where appropriate by electronic means. If the Concerned Party so requests, the information may be provided orally, as long as the identity of the Concerned Party has been proven in another way.
The Concerned Party has the right to obtain from the Operator a confirmation if personal data concerning themselves has been processed and, if so, they have the right to access this personal data and the following information:
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data has been or will be provided, in particular recipients in third countries or international organisations;
where possible, the foreseeable period of retention of the personal data or, if that is not possible, the criteria for its determination;
the existence of the right to require the Operator to correct personal data relating to the Concerned Party or to erase or restrict the processing thereof, or to object to such processing;
the right to file a complaint with a supervisory authority;
where personal data has not been obtained from the concerned party, any available information as to their source;
the existence of automated decision making, including profiling.
The Concerned Party has the right to require the Operator to correct any incorrect personal data relating to them without undue delay. With regard to the purposes of the processing, the Concerned Party has the right to supplement incomplete personal data, including through the provision of a supplementary statement.
The Concerned Party is entitled to request that Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. delete their personal data. All consent to the processing of personal data provided to Profesia, spol. s r.o. / Profesia CZ, spol. s r. o. is revocable. Please send your request to the e-mail address: SR: [email protected], CR: [email protected]
The supervisory authority is the Office for the Protection of Personal Data of the Slovak Republic / Czech Republic. The Concerned Party is entitled to file a complaint with the supervisory authority.
Profesia CZ, spol. s r.o. also announces that it has commissioned Profesia, spol. s r.o., ID 35800861, registered at Pribinova 19, 811 09 Bratislava, Slovak Republic in processing personal data of job seekers for technical support purposes of www.domelie.cz.
In case of questions, please contact the person responsible for the processing of your personal data: Slovak Republic/Hungary: Mgr. Csaba Zachar, Legal Department of Profesia, spol. s r.o., e-mail: [email protected], Czech Republic: Jana Kaplická, e-mail: [email protected]
In Bratislava / Prague, on 24/05/2018
Mgr. Ivana Molnárová, Managing Director of Profesia, spol.s .r.o.