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Data protection

Status November 2020

This information is intended to provide transparency as to how your Job Centre (hereinafter abbreviated to "JC") and the Federal Employment Agency (hereinafter abbreviated to "BA") handle the personal data of their customers (private individuals and companies). The protection of personal data enjoys a very high priority and requires personal data to be processed in accordance with the legal provisions, in particular with the regulations of the European Union's General Data Protection Regulation (DSGVO) and the Social Code.

Name and address of the person responsible

The responsible person within the meaning of the General Data Protection Regulation (DSGVO) and other data protection regulations is:
Job Center Dortmund
Südwall 5 - 9
44137 Dortmund
Germany
+49 231/842-1110
jobcenter-dortmund@jobcenter-ge.de
https://jobcenterdortmund.de

  

The data protection officer of the data controller is:

Janine Thon
Tel.: 0231/842-1817
Fax: 0231/842-1485
Job Center Dortmund Südwall 5-9
44137 Dortmund
jobcenter-dortmund.datenschutzbeauftragter@jobcenter-ge.de

  

General information on data processing

1. the scope of the processing of personal data

The JC and the BA process data for the purpose of their statutory task performance in accordance with the Social Code (SGB). They are obliged to provide cash benefits, benefits in kind and services in an economic manner. These include services for counselling, ending or reducing the need for assistance, in particular by integrating people into training or work and securing their livelihood. In addition, personal data are also processed in the implementation of claims for reimbursement by other benefit providers or other agencies or in combating the misuse of benefits. The same applies to the issuing of certificates. In addition, personal data are processed for purposes of labour market and occupational research as well as for statistical purposes of the BA.

2. legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) sentence 1 lit. a of the EU General Data Protection Regulation (DSGVO) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Article 6 (1) sentence 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Article 6 (1) sentence 1 lit. c DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Article 6 (1) sentence 1 lit. d DSGVO serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Article 6 (1) sentence 1 lit. f DSGVO serves as the legal basis for the processing.

  

3. data deletion and storage period

For data on the use of counselling and placement services, there is a storage period of 5 years after termination of the case. The case is terminated if the client has taken up employment that meets his or her needs and is subject to social insurance contributions, if the client has left the JC to take up self-employment that meets his or her needs, or if the JC does not continue to provide support for other reasons (e.g. retirement, parental leave, etc.), unless special support services are granted or legal disputes have not been concluded. The 5 years serve accounting purposes according to the principles of the Federal Budget Code.

For data on the claiming of cash benefits and benefits in kind under SGB II, there is a retention period of 10 years after the case has ended. In this context, a case is terminated when the need for assistance has ceased to exist or there is no longer any entitlement to benefits for other reasons, unless special support benefits are granted or legal disputes have not been concluded. The time limit of 10 years is based on the legal possibility of reclaiming benefits if it becomes known during this period that benefits were granted wrongly.

If there was a grant from the European Social Fund, the data will be stored for 13 years after the case is closed because this is for accounting purposes to the EU and is based on EU regulations (Article 140 Regulation (EU) No 1303/2013).

If a claim of the JC's (reclaim/ refund notice/ loan) is still open, the data will be kept for 30 years according to the regulations of the Code of Civil Procedure and the Civil Code, because only then the claims become time-barred. The period is calculated according to the enforcement attempt.

If the medical service, the medical service of the health insurance fund or municipality, other commissioned physicians or the occupational psychological service of the BA were involved, the data accumulated by these specialist services will be deleted after 10 years in accordance with the respective professional regulations. 

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

  

  1. Right to information

    You may request confirmation from the controller as to whether personal data concerning you are being processed by him.
    If there is such processing, you can request information from the controller about the following:
  • the purposes for which the personal data are processed;
  • the categories of personal data which are processed;
  • the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  • the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for the determination of the storage duration;
  • the existence of a right to obtain the rectification or erasure of personal data concerning you, a right to obtain the restriction of processing by the controller or a right to object to such processing;
  • the existence of a right of appeal to a supervisory authority;
  • any available information on the origin of the data, if the personal data are not collected from the data subject;
  • the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

  

You have the right to request information on whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.


2. right of rectification

You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.


3. right to restriction of processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

  • if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
  • the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defence of legal claims, or
  • if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.

Where the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.


4. right to erasure


a) Obligation to delete

You may request the controller to delete the personal data concerning you without delay, and the controller is obliged to delete such data without delay if one of the following reasons applies:

  • The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  • You revoke your consent on which the processing was based pursuant to Art. 6 (1) sentence 1 lit. a or Art. 9 (2) lit. a DSGVO and there is no other legal basis for the processing.
  • You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
  • The personal data concerning you have been processed unlawfully.
  • The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.


(c) Exceptions

The right to erasure does not exist insofar as the processing is necessary

  • to exercise the right to freedom of expression and information;
  • for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
  • for the assertion, exercise or defence of legal claims.

5. right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the controller.


6. right to data portability

You have the right to obtain the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance by the controller to whom the personal data has been provided, provided that

  • the processing is based on consent pursuant to Art. 6 (1) sentence 1 lit. a DSGVO or Art. 9 (2) lit. a DSGVO or on a contract pursuant to Art. 6 (1) sentence 1 lit. b DSGVO and
  • the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.
The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.


7. right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) sentence 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.


8. right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.


9. automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

  • is necessary for the conclusion or performance of a contract between you and the controller,
  • is authorised by legislation of the Union or the Member States to which the controller is subject and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or
  • with your express consent.

However, these decisions must not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (b) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases referred to in 1 and 3, the controller shall take reasonable measures to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person from the controller, to express his point of view and to contest the decision.


10. right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.


The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

11. email contact

a) Description and scope of data processing

On our website it is possible to contact us via the email address provided. In this case, the personal data of the user transmitted with the email will be stored.
The data is used exclusively for the processing of the conversation.


(b) the purpose of the data processing

In the case of contact by email, this also constitutes the necessary legitimate interest in the processing of the data.


(c) Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 (1) lit. f DSGVO. If the email contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.


d) Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.


e) Possibility of objection and elimination

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
By contacting us, you will be able to object to the storage of your data in accordance with legal requirements.
All personal data stored in the course of contacting us will be deleted in this case.

12. contact form

a) Description and scope of data processing


A contact form is available on our website, which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and stored.
At the time of sending the message, the following data will be stored:

  • Email address
  • Name
  • First name
  • Address
  • Telephone / mobile phone number
  • Text message, as well as associated file uploads for a selected request
  • Email address of the sender

For the processing of data, your consent is obtained during the submission process and reference is made to this privacy policy.
Alternatively, it is possible to contact us via the email address provided. In this case, the personal data of the user transmitted with the email will be stored.
The data is used exclusively for the processing of the conversation.


b) Purpose of the data processing

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by email, this also constitutes the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.


(c) Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 p. 1 lit. a DSGVO if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 (1) p. 1 lit. f DSGVO. If the email contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b DSGVO.


d) Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

e) Possibility of objection and elimination

  

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
By contacting us, you will be able to object to the storage of your data in accordance with legal requirements.


All personal data stored in the course of contacting us will be deleted in this case.

12. application by email

(a) the scope of the processing of personal data

You can send us your application by email. We will collect your email address and the data you provide in the email.

  • Salutation
  • First name
  • Name
  • Address
  • Telephone / mobile phone number
  • Email address
  • Salary
  • Information on education and schooling
  • Language skills
  • Resume
  • Testimonials
  • Photo

(b) the purpose of the data processing

The processing of the personal data from your application e-mail serves us solely to process your application.


(c) Legal basis for data processing

The legal basis for the processing of your data is the contract initiation which takes place at the request of the data subject, Art. 6 para. 1 p.1 lit. b Alt. 1 DSGVO and § 26 para. 1 p. 1 BDSG.


d) Duration of storage

After completion of the application process, the data will be stored for up to six months. At the latest after the expiry of the six months, your data will be deleted. In the event of a legal obligation, the data will be stored within the framework of the applicable provisions.


e) Possibility of objection and elimination


The applicant has the possibility to object to the processing of personal data at any time. In such a case, the application can no longer be considered.
By contacting us, you will be able to object to the storage of your data in accordance with legal requirements.


All personal data stored in the course of electronic applications will be deleted in this case.Hosting

The website is hosted on servers of a service provider commissioned by us.
Our service provider is:


DigitalOcean


The servers automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the website. The information stored is:

  • Browser type and browser version
  • Operating system used
  • referrer URL
  • Host name of the accessing computer
  • Date and time of the server request
  • IP address

A combination of this data with other data sources is not made. The collection of this data is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the technically error-free presentation and optimisation of his website - for this purpose, the server log files must be collected.
The location of the server of the website is geographically in Germany.

13. revocation of consent

If data is processed on the basis of the consent of the data subject, the consent can be revoked at any time without giving reasons with effect for the future. The processing carried out until the revocation remains unaffected by this.

14. data sources (publicly available)

The JC may also collect personal data from other public and non-public bodies or persons, provided that the legal requirements are met. These can be, for example, other social benefit providers, employers, training companies, contracted doctors, measure/education providers, etc. In addition, personal data can also be obtained from public sources such as the Internet, civil registers, commercial registers, land registry offices, etc. However, the principle always applies that the data must first be collected from the person concerned.

  

15. automated decision making

Within the framework of the placement process, the job requirements are automatically compared with the competencies of an applicant in order to enable a precisely fitting placement (so-called matching). The following criteria, among others, are used in this process:

Working hours, places of work, occupations, training positions, entry date, knowledge and skills, language skills, training, fixed term, fixed term duration, disability (with consent), school grades, driving licences, vehicles (mobility), highest educational qualification, willingness to travel and assemble, weekly hours, work experience, industry, knowledge of German, company size.

The higher the degree of match between the competences and the requirements of the job offer, the more likely it is that a corresponding placement proposal will be made. However, the decision whether to make a placement proposal is made by the placement/counselling specialist.

  

16. change of purpose

The use of personal data for purposes other than those for which they were collected shall be permitted only within the limits of the purposes referred to in point 3 and provided that the new purpose is compatible with the purpose for which they were collected.

  

16. analysis tools

This website uses the open source web analytics service Matomo. Matomo uses technologies that enable the cross-page recognition of the user to analyse user behaviour (e.g. cookies or device fingerprinting). The information collected by Matomo about the use of this website is stored on our server. The IP address is anonymized before storage.

With the help of Matomo, we are able to collect and analyze data about the use of our website by website visitors. This allows us to find out, among other things, when which page views were made and from which region they come. We also collect various log files (e.g. IP address, referrer, browsers and operating systems used) and can measure whether our website visitors perform certain actions (e.g. clicks, purchases, etc.).

The use of this analysis tool is based on Art. 6 (1) f) DSGVO. The website operator has a legitimate interest in the anonymised analysis of user behaviour in order to optimise both its website and its advertising. At the bottom of this page you can opt out of the cookie-less tracking.

We host Matomo exclusively on our own servers, so that all analysis data remains with us and is not passed on.