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Legal Notice

1. Introductory provisions

The General Terms and Conditions define the terms of use of the websites of the Employment Service of Slovenia (hereinafter: ESS) and their components, publicly available services of the ESS's information system (web applications, portals, programs; hereinafter: eServices) and the ESS's policy on the protection of personal data.

 

2. About ESS's website

The website www.ess.gov.si was designed and is managed by the ESS.
The ESS reserves the right to change the content of its websites at any time and in any way, regardless of the reason and without prior notice.
The ESS shall endeavour to provide the most accurate and up-to-date information on its websites, but it does not assume responsibility for its accuracy, and the users use the published content at their own risk. Neither the ESS nor any other legal or natural person that cooperated in the preparation and creation of the ESS's websites shall be held liable for any damage arising from accessing the content, using information or the inability to use information on the ESS's websites or for any faults or deficiencies in its content.

3. Protection of intellectual property rights

On the basis of the law governing copyright and related rights, the ESS is the holder of copyrights of the content of intellectual property rights in the widest sense (information, documents, photographs, graphic elements, illustrations and other presentation texts), which is published on the ESS website and on its constituent parts and is the property of the ESS or other persons who have transferred the right to use to the ESS.
Information and documents from the ESS websites may be transferred for personal use, whereby the user must not change the copyright and other intellectual or property rights declarations. Information and documents intended for viewing and reading are not allowed to be downloaded and printed for commercial purposes. 

Without the explicit written permission of the website owner the information and documents published on the ESS website are not allowed to be copied, reproduced, modified, sent by regular mail or e-mail, nor distributed in any other way. 

Moreover, websites, eServices, or their components, may not be used for commercial, illegal, or any other purposes other than those set out in these General Terms and Conditions. 

The use of automatic interventions, queries, or other robots, which automatically retrieve information from the ESS websites, applications, portals, or programs, or which otherwise automatically interfere or communicate with websites, applications, portals, or programs, is strictly prohibited. The ESS website, application, portal, and program 'meta' search, except for searches using general search engines, is strictly prohibited.

It is also strictly forbidden to use any element from the ESS websites in any way other than exclusively for personal, non-commercial purposes.

Use of the ESS websites and eServices contrary to the above rules is prohibited.

Where the existence of abusive practices in connection with the indicated rules is suspected, and/or if the user's acts endanger the functioning of eServices, user access to the ESS websites and/or eServices will be limited.

A user using the ESS websites in a way contrary to the rules described above bears full material liability and liability for damages.
In accordance with the provisions of the law governing copyright and related rights, official texts from the legislative, administrative and judicial fields are not copyright protected. 

4. Information on the website controller

Identity and contact details of the controller
Employment Service of Slovenia
Rožna dolina, Cesta IX/6
1000 Ljubljana
Telephone: +386 1 479 09 00
Fax: +386 1 479 02 62
E-mail address: gpzrsz@ess.gov.si
In the case of data transfer to the EURES portal, the controller of jobseeker profile data, transferred to the EURES portal, is the European Coordination Office (the authority managing the EURES portal).
E-mail address: empl-eures@ec.europa.eu
The contact information of the person authorised for data protection
E-mail address:: dpo@ess.gov.si
The purposes for which personal data are processed and the legal basis for their processing
(a) Visit to the website

Which data: At every visit to the ESS's website, web server log files (for example, an IP number – a number that identifies an individual computer or other device on the internet) are automatically stored on the web server. The World Wide Web works by recording certain data about website visits, such as IP number, browser version, time of visit, etc., on the web server where the site is hosted. The ESS does not separately process the data collected in such a way and does not link them with other data. 

Purpose: The purpose of these procedures is to ensure network and information security, i.e. to enable detection and prevention of unauthorised access which may jeopardise the accessibility, integrity and confidentiality of stored or transferred personal data and the security of related services that are accessible through these networks and systems.

Legal basis: Such processing is necessary for the performance of the public tasks of the controller.

How long: The data are stored for 30 days from the visit to the website.
 
(b) Subscribing to eNotifications 
In the case of agreeing with SENDING:
Which data: When subscribing to the eNotifications, in addition to the data in the input field (your email address), the ESS also records the IP address of the computer from which subscription was made, the time when the sent messages were opened, and the time when the links in the messages were clicked on. 
Purpose: The ESS processes these data exclusively for the purposes of sending eNotifications, which enable you to be regularly informed about the current events in the labour market and the activities and services of the ESS. We collect data about opening times of notifications and times of clicks for the purpose of determining your activity.
How long: Your email data are stored. We store your data until you request them to be deleted, or until you unsubscribe + 1 year. You can unsubscribe from receiving eNotifications at any time by sending us an e-mail to the address: zrsz.obvestila@ess.gov.si.
Legal basis: Personal data (e-mail address) are processed on the basis of an individual's valid consent (point (a) of Article 6(1) of the EU General Data Protection Regulation, hereinafter: GDPR). 

In the case of agreeing with PROFILING:
Which data: We collect data about your location, which is precise at the municipality level and not the exact coordinates – based on the IP number, click times, recording which links you are interested in and from which devices and in which browsers you open and read our messages.
Purpose: With the help of these data, we can more easily identify your desires, needs, and interests, and thus provide you with information that is more useful and relevant for you.
How long: We store your data until you request them to be deleted, or until you unsubscribe + 1 year.
Legal basis: Personal data (e-mail address) are processed on the basis of the individual's valid consent (point (a) of Article 6(1) of the GDPR). 
How long: The data are stored until cancellation or until the person unsubscribes from receiving eNotifications + 1 year. 
 
(c) Subscription to eServices 
Which data: When subscribing to eServices (for example, to the portal PoiščiDelo.si or the portal for employers), in the case of the registration with a username and password, the ESS processes the information about username (e-mail address) and password (which is encrypted in the database), and in the case of the registration of the user with a qualified certificate, the ESS processes the data on the tax number. The ESS processes other personal data on the portal PoiščiDelo.si only if an individual consents to the processing of personal data relating to them.

Purpose: The ESS will collect, store and otherwise process users' personal data exclusively for the purpose of implementing electronic services (eServices) offered by the ESS's website, to improve the use of the site and for the purpose/purposes for which the users of the website will provide the data (e.g. if a jobseeker gives consent, their data from the portal PoiščiDelo.si are transferred to the EURES portal for the purpose of searching and matching with employers based on vacancies within the EURES network). 

Legal basis: When registering for eServices, the user gives personal consent, and states which personal data the ESS can process and for what purpose. In this case, we process personal data on the basis of an individual's valid consent (point (a) of Article 6(1) of the GDPR). 

Insofar as the ESS processes users' personal data on the basis of implementing legal obligations, the ESS undertakes to process personal data for exercising its competencies and in accordance with the regulations on the protection of personal data.

In the case of the processing of personal data of a jobseeker's profile on the portal PoiščiDelo.si and their transfer to the EURES portal, the legal basis is the EURES Regulation (EU) 2016/589 and the Commission Implementing Decision (EU) 2017/1257 (on standards and formats).

How long: The personal data of a user are kept throughout the use of the eServices of the ESS and are deleted or blocked eighteen months after the last login in the eServices of the ESS. In the case of the cancellation of consent, personal data of the eServices user shall only be processed until the date when a personal consent for data processing is cancelled. 
 
(d) Registration to use the online program Where and How to find a profession
Which data: When registering to use the online program Where and How to find professions, the ESS processes information about your e-mail address. 

Purpose: The ESS processes these data exclusively for resetting the password and for advising on the best use of the Where and How program

How long: The data are kept until the cancellation of the consent or no more than 1 year. 

Legal basis: We process personal data on the basis of an individual's valid consent (point (a) of Article 6(1) of the GDPR). 
Users of personal data
A contractual processor who maintains a website for the ESS.
Transfer of personal data to a third country or international organisation
Personal data shall be transferred to third countries or international organisations only on the basis of an individual's consent (for example, transfer from the portal PoiščiDelo.si to the EURES portal).
When using cookies, data may be exported to third countries (to Google Inc. as Google Analytics and YouTube provider, to LLC as the provider of video content hosting).
In the case of eNotifications, the data on e-mail addresses shall be processed by the processor SqualoMail d.o.o., Celovška 150, Ljubljana.
The period of storing personal data or, where that is not possible, the criteria used to determine this period
Listed above for different types of data.
The existence of the right to request from the controller the access to personal data and correction or deletion of personal data or restrictions of processing in relation to the data subject, or the existence of the right to object to processing and the right to data portability
The data subject has the right to request access to personal data, correction of personal data, deletion of personal data, restriction of the processing of personal data, the right to objection to processing, and the right to data portability. An individual's request shall be dealt with in accordance with the provisions of the GDPR.
An individual whose personal data are processed by the controller may also exercise their rights with a written request, sent to the address as specified in point 4 (Information on the website controller).
 
When the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR, the existence of the right to withdraw consent at any time without prejudice to the legality of data processing that was carried out on the basis of consent until its cancellation
When the controller processes personal data of an individual on the basis of their consent, the individual shall have the right to withdraw such consent at any time. The withdrawal of the consent shall not affect the legality of the processing that was carried out prior to the withdrawal.
The validity of the consent of a person under the age of 16 years
If the controller carries out the processing of personal data on the basis of a consent and the processing is related to information society services (processing for the purposes of marketing or creating personality profiles or user profiles), the processing of the data of a child under the age of 16 is lawful in accordance with the GDPR if the consent is given or authorised by the holder of parental responsibility (parent or legal representative). Parents or legal representatives must complete and submit a consent by which they permit the processing of their child's personal data. The form for giving consent for children under the age of 16 is published on the websites of the ESS. An individual can obtain additional information on the method of giving valid consent by parents or legal representatives by contacting the controller at the following address: dpo@ess.gov.si ali gpzrsz@ess.gov.si.
The right to lodge a complaint with a supervisory body
On the Information Commissioner's website, an individual may complete a form to report a breach of personal data protection legislation. a breach of personal data protection legislation.
Is the provision of personal data a statutory or contractual obligation, or an obligation that is necessary for the conclusion of a contract, and does the data subject have to provide personal data and what are the possible consequences if such data are not provided
When visiting a website, personal data are transferred to the website controller due to the operation of the internet.
An individual may decide on a voluntary basis whether to subscribe to eNotifications and use eServices.
The existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Automated decision-making or profiling shall be carried out in the case of subscription to eNotifications if an individual consents to data processing for the purpose of profiling.

5. Use of eServices

5.1 Registration for using eServices
The use of publicly accessible services of the ESS's information system (web applications, portals, etc.) on the websites of the ESS (hereinafter: eServices) is possible with the use of the username and password or the tax number of the user of a qualified certificate for electronic signature. The use of eServices is possible with qualified digital certificates from the following publishers: SIGEN-CA, AC NLB, HALCOM-CA or POŠTARCA.

The user's e-mail address is used as the username. Upon successful registration, the ESS’s information system shall automatically assign a password to the user and send it to the e-mail address. After the user successfully logs in to eServices, they can change the password at any time.

The user who wants to use eServices on behalf of and for the account of a business entity may register with eServices with a qualified certificate issued by a certification authority to the user as an authorised person of the business entity. It is not possible to use private qualified certificates for business purposes.
In the case referred to in the preceding paragraph, the ESS shall notify the user of the completed registration via e-mail. 
The user who wants to use eServices on behalf of and for the account of a business entity may register to use eServices even without a qualified certificate by completing an online application for the use of eServices.
In the case referred to in the preceding paragraph, the authorised employee of the ESS shall first check the data from the completed application by phone and compare them with the official data from the Slovenian Business Register. 
The user who wants to use eServices on their own behalf and for their own account may register for the use of eServices with or without a qualified certificate. In both cases, the ESS shall send a notification on registration to the user by e-mail.

5.2 Authorisation to use eServices in the case of business entities (on the portal for employers)
The first user to register for an individual business entity shall acquire the role of an administrator who may authorise other users to use eServices on behalf of and for the account of that entity.

The administrator shall determine an authorised person with a data pair consisting of a username and tax number of the business entity for which the authorised person works, or with a pair consisting of the tax number of the business entity and the tax number of the authorised person to whom the qualified digital certificate has been issued.

The administrator may transfer administrator authorisations to another authorised user.

When the authorised user logs in to eServices for the first time after receiving the authorisation, they can view a list of all new authorisations granted for different accounts. For each authorisation granted, the user decides whether to accept it or not.

The authorisation shall take effect only after the authorised user accepts it. From that moment on, until the cancellation of the authorisation, the ESS shall enable the authorised user to use eServices on behalf of and for the account of the holder of the electronic account.

6. Responsibility of the ESS regarding eServices

The ESS shall make every effort to ensure that all eServices are available 24 hours a day, 7 days a week, but does not guarantee that they will work without interruption, problems, mistakes or errors, nor does it guarantee the effectiveness of the use of eServices.

The ESS may, for technological, legal or business reasons, change individual parameters of services or abolish a service.

To the extent permitted by law, any liability of the ESS or its staff shall be excluded. In any case, the ESS or its employees shall not be liable for the loss of access or impaired access to data or any other incidental, indirect, special or consequential damages that would result from the use or inability to use eServices, including without limitation in respect of the loss of revenue or expected profit, loss of goodwill, loss of business, loss of data, technical error or incorrect operation or other loss events. The ESS shall also not be liable for any delays in the submission of applications or reports with regards to the prescribed deadlines due to non-functioning of eServices. 

At its sole discretion, the ESS may cancel or temporarily prevent access to eServices and the use of eServices due to violation of these General Terms and Conditions, applicable regulations or any other conduct which the ESS considers to be unlawful or harmful to third parties or for the operation of eServices. In the event of cancellation, the user will be denied the use of eServices, and the ESS will use all the necessary means or measures to implement this cancellation, as well as all legal remedies against such a user.

On eServices websites, there are some web links to other websites that are not managed by the ESS nor does the ESS check their content. The ESS lists these links as a work aid for users and such links do not represent the ESS's endorsement of products, services or information, nor do they constitute any connections between the ESS and the controllers of these linked websites.

In cases of force majeure, the ESS shall not be held liable for failure to fulfil any of its obligations or causing damage for reasons beyond its control. Force majeure includes all unforeseen and unexpected events that cannot be foreseen or prevented by website administrators and have an impact on the functioning of the website and its services.

7. Responsibility of the eServices user

The user is obliged to use eServices in accordance with the regulations and these General Terms and Conditions. The User may use eServices on their own behalf and for their own account, and on behalf of and for the account of those business entities for which they have authorisation or other legal basis for such a business connection, presentation or representation in accordance with the applicable regulations.

The User explicitly agrees to use eServices or any digital content related to eServices exclusively at their own risk. Content and functionality of eServices shall be enabled to the user "as they are" and without any other guarantees.

The user explicitly undertakes that when using eServices, they shall not act unlawfully or compromise information security of eServices (e.g. phishing, transfer of illegal content, violation of intellectual property rights, unauthorised collection of personal data or business secrets, malicious software transfer, unauthorised modification of content, disturbance of communication in any direction or unnecessary burden on eServices, phishing attempts etc.), or encourage third parties to such behaviour.
 
The user agrees that any data or documents sent using eServices shall be considered as complete and accurate.

The user undertakes to guard with particular care their personal password or data for a qualified digital certificate and shall not enable third parties to access or use the password or these data, and shall be fully liable for any damage that is either directly or indirectly caused since third unauthorised persons used the user's access to eServices. The user also undertakes to ensure the highest possible level of security measures and the reduction of risks of unauthorised access or the compromise of data or the functioning of eServices by taking into account user instructions from the manufacturers of hardware and software, instructions and warnings from the ESS, the certification authority issuing the qualified certificate and other professional rules, warnings, instructions and recommendations, and to immediately inform the ESS of any potential security incidents related to the use of eServices.

The user of the portal PoiščiDelo.si may, at their sole discretion and in accordance with user instructions, cancel the use of eServices and hence the contractual relationship with the ESS, which was created with the consent to these General Terms and Conditions, and require the deletion of the username and other data stored for the purposes of accessing these data. If the user does not use the system for more than eighteen months, the contractual relationship shall be deemed to be terminated and the ESS shall delete the username and delete or anonymise other data from the ESS eServices system.

8. Cookies

8.1 What are cookies?
Cookies are small text files that are stored on your computer or mobile device by the websites you visit. They have different functions. Cookies help the website remember your settings, e.g. language, font size, and other settings that you have specified on your computer to view our website so that you do not have to set them again each time you visit the site. In this way, websites can remember your preferences, information that you have already voted on the site's poll, or just the fact that you have already logged in to the site.
Some cookies are necessary for the site's functionality (for example, a cookie on logging in, a cookie on your shopping cart), some are intended to improve user experience (such as saving user preferences), and some are also used to monitor the site visits, which helps its controller to continuously improve the website and the user's experience with it. Some cookies also allow tracking of users across multiple websites. 

8.2 Managing cookies
Most web browsers automatically accept cookies. 

8.3 What cookies do we use?
Most of the ESS's websites use cookies to provide a better user experience and monitor visit statistics. They are a convenient tool for keeping content fresh and relevant, in line with the interests and preferences of website users. By using cookies, the ESS evaluates the effectiveness of website design, as well as the relevance of content and ads offered to the user on the ESS's websites. A cookie is stored for a maximum of 1 year. The user has the option to agree or disagree with the use of cookies.
Cookies can be set by the ESS's website you are visiting or by other trusted websites/services that display the content on the page you are viewing (e.g. YouTube, Google Analytics, Facebook).
The portal PoiščiDelo.si and the portal for employers use only Google Analytics cookies for statistical purposes, but only on the Vacancies service (only cookies that are necessary for the technical operation of the website – maintaining a user's session).

9. Statement on personal data protection

9.1 In which case will the ESS contact you?
The ESS will contact you in the following cases:

  • if you subscribe to eNotifications,
  • if you send your question or request for information to the ESS for the purpose of contacting,
  • if you provide your contact information on the basis of personal consent in the context of the using eServices (e.g., portal PoiščiDelo.si, portal for employers) for the purpose of contacting. 

9.2 Will your personal data be transferred to third parties? 
The ESS will transfer your personal data to third parties (e.g. employers on the portal PoiščiDelo.si, service Profile) only if you consent to data being transferred to third parties.
Only the data on the jobseeker profile for which the jobseeker has given their consent to be transferred to the EURES portal may be transferred from the portal PoiščiDelo.si to EURES portal, and the data will be used in the search engine and the application for matching the offers and demand on the EURES portal and can be displayed as a result of successful matching and search. An individual can choose on the portal PoiščiDelo.si that all or only selected personal data remain hidden and not shown to users of the EURES portal, so that certain data of the jobseeker profile will never be used for search and matching purposes, even if they were transferred to the EURES portal (e.g. data on citizenship, disability, date of birth, age, sex, names and contacts of previous or current employers). 
The data transferred to the EURES portal are stored in the database, which is in the data centre of the European Commission. 
Employers registered on the EURES portal can view the jobseekers profile data for which an individual (jobseeker) has agreed to be processed for the purposes of job search and matching with employers based on job vacancies within the EURES network.

9.3 Can you find out which of your personal data are processed by the ESS, and how? 
At your request, in accordance with the regulations in the field of protection of personal data relating to you, the ESS shall enable you to view your personal data, copy them and print them out and shall also provide you with a list of users to whom personal data have been transferred, when, on what basis and for what purpose. At your request, in accordance with the regulations in the field of personal data protection, the ESS shall also provide you with other information regarding your personal data that it collects. To obtain confirmation of whether your personal data and consequently also other information are processed, you may send your request to the following e-mail address: gpzrsz@ess.gov.si.

9.4. Security of collected data 
The security of personal data shall be carried out in accordance with the provisions of the ESS's internal acts that determine the security policy of the ESS.

9.5. Notice on personal data breach 
If it is likely that a personal data breach could threaten the individuals' rights and freedoms, the ESS shall immediately or no later than within 72 hours after it finds out about the breach officially inform the competent supervisory authority (Information Commissioner) about the breach, in accordance with the GDPR. 

The official notification on the personal data breach referred to in the preceding paragraph shall be submitted by the ESS on the form on the notification about the breach, which is published on the Information Commissioner's website.

When a personal data breach is likely to result in a high risk to the individuals' rights and freedoms, the ESS will also inform the individuals, except in exceptional cases provided by the GDPR.

When a personal data breach is likely to result in a high risk to the individuals' rights and freedoms, in accordance with the provision of the General Data Protection Regulation, the ESS must also communicate to the data subjects without any undue delay that there has been a personal data breach. 

9.6 Conclusion
The ESS undertakes to protect the confidentiality of the personal data of website users and to use a secure connection on websites and portals. The ESS will use the collected data exclusively for the purposes for which they are provided by the website users and within the legal competence of the ESS.
Personal data and contact information will not be used for other purposes and will not be disclosed to third parties without the explicit permission of an individual – the website user, unless otherwise provided by the law. The ESS will do everything to protect your personal data from any violations and abuses.

9.7 Modifications of the General Terms and Conditions and the Statement on the Protection of Personal Data
The General Terms and Conditions with the Statement on the Protection of Personal Data were last updated on 20 December 2018.

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