Who are we?

Jobsplus is the data controller (contact details below). This means it decides how your personal data is processed and for what purposes.

How do we process your personal data?

Jobsplus complies with its obligations under [the GDPR] by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data: 

Jobsplus collects and uses personal data for the following purposes:

How long do we keep your personal data?

We keep your personal data for no longer than reasonably necessary.

Your rights and your personal data

Unless subject to an exemption [under the GDPR], you have the following rights with respect to your personal data: -

• The right to request a copy of your personal data which Jobsplus holds about you.
• The right to request that Jobsplus corrects any personal data if it is found to be inaccurate or out of date.
• The right to request your personal data is erased where it is no longer necessary for Jobsplus to retain such data;
• The right to withdraw your consent to the processing at any time.
• The right to request that Jobsplus provide the data subject with personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability).
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
• The right to object to the processing of personal data.
• The right to lodge a complaint with the Information Data Protection Commissioners Office.

Transfer of Data Abroad

Jobsplus would only transfer personal data outside of the European Union when you have consented to this on the basis of searching for employment opportunities abroad.

Automated Decision Making

Jobsplus shall undertake automated decision making solely for the purposes abovementioned and upon your consent, as per article 22(2)(c) of the GDPR.

Chat Communications

The chat feature on our website is operated by Messenger through Meta Platforms Ireland Limited and the processing of any personal data provided through such communication is regulated by the GDPR since Meta Platforms Ireland Limited is domiciled within the European Union.

Further processing

If Jobsplus intends to use your personal data for purposes other than those indicated, Jobsplus will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, Jobsplus will seek your prior consent to the new processing.

Furthermore, Jobsplus accepts requests by other public entities to provide data to them for a purpose other than that for which the personal data has been collected: 

1. Where such ‘different’ processing is based on Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard certain specific objectives.
2. Where the ‘different’ processing is deemed compatible with the purpose for which the personal data are initially collected, taking into account:
1. Any link between the purposes for which the personal data have been collected and the purposes of the intended further processing.
2. The context in which the personal data has been collected, in particular regarding the relationship between data subjects and the controller.
3. The nature of the personal data, in particular whether special categories of personal data are processed.
4. The possible consequences of the intended further processing for data subjects.
5. The existence of appropriate safeguards.

Privacy Note - e-Forms

An Introduction

JobsPlus Corporation, hereinafter referred to as “JobsPlus” and/or the “data controller” in terms 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, and repealing Directive 95/46/EC, is implementing various electronic forms in order to facilitate various operations amongst those with JobsPlus’ remit. The supporting platform for these electronic forms will be supplied by Jotform Inc. which shall, for the purposes of this processing, carry out the tasks of a data processor as envisaged in article 4 of the regulation.

Contact Details of JobsPlus:

• Address: Triq Birżebbugia, Ħal Far BBĠ 3000, Malta
• Website: https://jobsplus.gov.mt/
• Email address: [email protected]
• Telephone: +356 2165 4940 

The Appointment and the Contact Details of the Data Protection Officer

As per article 37 of Regulation (EU) 2016/679, hereinafter referred to as the “regulation” and/or the “GDPR”, the data controller has appointed a Data Protection Officer, hereinafter referred to as the “DPO”, whose contact details are the following:

• Name: Dr Josephine Farrugia Mifsud
• Address: 53/55, Triq it-Tagħlim, Fgura
• Website: https://www.jlf.com.mt/
• Email address: [email protected]
• Telephone: +356 2799 8604

Why this processing operation?

The purpose for this processing operation is that of furnishing you with the appropriate electronic platforms that will permit you to apply for the various services that JobsPlus offers in a more expedient manner. JobsPlus will be carrying out this processing in terms of sub-articles 6(1)(c) and 6(1)(e) of the regulation in accordance with its legal obligations stemming from the Employment and Training Services Act, Cap. 594 of the Laws of Malta.

What personal data will be processed?

The Regulation differentiates between “personal data” and “special categories of personal data”, with the latter requesting stricter technical and organisational measures to be in place. While personal data is defined as “any information relating to an identified or identifiable natural person”, special categories of personal data are defined as “personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation”.

The following is a list of the categories of personal data that the data controller will process in your regard, depending on the electronic form submitted by you:

1. Name & Surname;
2. Nationality;
3. Gender;
4. Date of birth;
5. Residential Address, if any;
6. Identification document number;
7. Contact details;
8. Civil status;
9. Employment status, number, position and/or profession;
10. Financial status and whether you are at risk of poverty;
11. Personal data of relatives, employees (in the case of employers), employers (in the case of employees), and/or representatives;
12. Bank details;
13. Education, work experience and previous training information, including certificates;
14. Salary details;
15. Employment and registration history;
16. Employer’s income tax, VAT, NGO/VO and PE numbers, if applicable; and
17. Your signature and/or electronic signature.
18. Photos;
19. Various documentation provided by various entities containing your personal data, such as attendance sheets and boarding passes.

The following is the personal data falling within the scope of articles 9 and 10 of the Regulation, namely your:

1. Ethnicity;
2. Disabilities;
3. Criminal convictions; and
4. History of substance abuse and any detoxification treatment/s.

Why is your personal data needed?

Although with respect to the below, you are not bound by any statutory or contractual obligation to provide JobsPlus with your personal data, may you be informed that such personal data will be used for the following:

• In order for you to benefit from subsidies and incentives, whether you are an employer or searching for a job;
• Assessment of your skills in order for the data controller to find matching employment opportunities for you;
• In order for the data controller to rectify your personal data in terms of article 16 of the regulation; and
• If you are an employer, to permit JobsPlus to search and contact you with any potential matches for your vacancy.

However, you are legally bound to provide the data controller with your personal data in the following:

1. Declaration of Employment Form;
2. Application for a New/Extension of an Employment Licence for a Third Country National;
3. Application for a New/Extension of an Employment Licence for an Asylum Seeker; and
4. Application for a New/Extension of an Employment Licence for a Person granted
   International Protection or National Protection Status.

Who will have access to your personal data?

The personal data collected by JobsPlus in this processing operation will be accessed by authorised Jobsplus employees in the carrying out of their functions, authorised employees of the data processor and officials of government bodies and/or agencies in the carrying out of their functions, strictly on a need-to-know basis.

Will there be any transfer/s of your personal data?

In the carrying out of these processing operations, your personal data may be transferred to the Unted States, being the country of domicile of the data processor. In this regard, in terms of article 45 of the regulation, by means of an adequacy decision dated the 10^th July 2023, the United States has been regarded by the European Commission as a country offering adequate protection to personal data when compared to the European Union and therefore, no further and/or specific authorisation will be required from you.

How will your personal data be stored?

The personal data collected in your regard in these processing operations will be retained for ten (10) years from the date of the application, or from the date of the submission on Jotform’s platform.

In the case of e-forms relating EU Funded Schemes, the aforementioned 10-year retention period will commence upon termination of the relative EU funded scheme/s.

Your Data Protection Rights

Under the regulation and the Data Protection Act, Cap. 586 of the Laws of Malta, your rights include the following:

• Right of access (art. 15 GDPR) – You have the right to obtain from Jobsplus, confirmation as to whether or not personal data in your regard is being processed and access to such personal data;
• Right to rectification – You shall have the right to obtain from Jobsplus, rectification of personal data stored by JobsPlus in your regard;
• Right to be forgotten – You have the right to request the erasure of your personal data from the data controller, subject to the legal obligations of the data controller;
• Right to restriction of processing - You have the right to ask Jobsplus to restrict the processing of your personal data in certain circumstances;
• Right to data portability – you have the right to request your personal data from the data controller and have it transmitted to another data controller without any hindrance;
• Right to object to processing - You have the right to object to the processing of your personal data in particular circumstances.

In order to exercise the abovementioned rights, you will not be charged any administrative fees and JobsPlus will respond to any of your data subject requests within one month, unless it informs you within the said one month that it needs further time to process such request. In order to make such data subject requests, you shall contact the data controller’s DPO through the email address [email protected].

Your Consent

Should JobsPlus request your consent as per sub-articles 6(1)(a) and 9(2)(a) of the regulation, the data controller hereby informs you it will be making use of “consent checkboxes”, which will be included at the bottom of each e-form.

May you be informed that with respect to such consent, that as per sub-article 7(3) of the regulation, you shall have the right to withdraw your consent at any time.

Automated Processing

The data controller will not subject you to any decision based solely on automated processing, including profiling, which produces legal effects in your regard, or that otherwise affects you significantly. Should the data controller subject you to such, it will implement suitable measures to safeguard your rights, freedoms and legitimate interests.

Contact Details

To exercise all relevant rights, and to raise queries or complaints please in the first instance contact the Jobsplus Acting Data Protection Officer on the following email contact: [email protected]

You can contact the Information Data Protection Commissioners Office on:

 

 

Office of the Information and Data Protection Commissioner
Airways House, Second Floor,
High Street,
Sliema
SLM 1549,
MALTA.

Telephone: (+356) 2328 7100
Fax: (+356) 2328 7198
Website: www.idpc.org.mt