PRIVACY NOTICE FOR JOB APPLICANTS
Gearbox Software, LLC and its affiliated companies strive to properly address applicable data protection and privacy legal requirements.
This Privacy Notice for Job Applicants (“Privacy Notice”) provides information about how the personal data of job applicants will be processed (“Job Applicant Data”).
The data controller for Job Applicant Data will be the company to which the applicant has submitted his/her application (“Gearbox”) and for which contact details are provided in the job posting, job description or application portal through which the applicant has applied.
USES OF JOB APPLICANT DATA
Gearbox will use and otherwise process Job Applicant Data for job recruiting and placement purposes.
As necessary in connection with these purposes, limited members of the Human Resources department, the Finance department, the IT department, the Legal department and senior hiring managers in the United States may access and otherwise process Job Applicant Data in connection with their job responsibilities. Gearbox takes appropriate steps to ensure that such personnel are bound to duties of confidentiality with respect to Job Applicant Data.
Information We Collect
Gearbox may collect, store and disclose the following Job Applicant Data you provide: (a) e-mail addresses and other contact information; (b) job application information, including without limitation, your employment history, answers to job application questions, test results, and any other requested information; (c) device identification information; (d) preferred language and country information; (e) correspondence or communication sent via the job application or testing websites (collectively, the “Pre-Employment Website(s)”); (f) information on your interactions with the Pre-Employment Websites features or other Pre-Employment Website users; and (g) other reasonably relevant information pertaining to your use of the Pre-Employment Websites including without limitation your Internet protocol addresses, standard web log information and content provided to Gearbox when contacted for assistance.
Gearbox may obtain personal data from other sources, such as through recruiters, employment research firms, identity verification services, and employment references. Gearbox may also receive information submitted through third-party websites, including through LinkedIn, and other publicly available sources online. Where permitted and with consent, Gearbox may request background or credit checks from public authorities or financial institutions to evaluate eligibility for employment or employment benefits.
How We Use Job Applicant Data
Job Applicant Data will be processed during the recruitment process by Gearbox (and its contracted parties) for job recruiting and placement purposes, human resources analysis, and (for successful candidates), employment purposes. Job Applicant Data will also be processed by Gearbox, and any third-party vendors on behalf of Gearbox, for the purposes of management, resource and financial planning, and facilitating the application process. Gearbox will be data controllers for these purposes.
If an application for employment is successful and a job applicant commences employment with Gearbox or another affiliate, the Job Applicant Data will be transferred to the individual’s employment/personnel file and will be processed for employment purposes by that Gearbox employer. Such data will be kept in accordance with Gearbox’s data retention policies.
Job Applicant Data in respect of unsuccessful applications will be retained only for so long as reasonably necessary for the purposes set out above and for consideration for future open positions. Afterwards, Gearbox will take steps to delete personal data or render it no longer identifiable in accordance with the time periods established in applicable laws. For details of the applicable time periods in your jurisdiction, please contact the Privacy Contact at the email address below.
If a job applicant does not wish to be notified of future job opportunities, and only wants Gearbox to use his/her Job Applicant Data for the purpose of considering the job applicant’s suitability for the specific position for which he/she applied, the job applicant should send an email to the Privacy Contact specified below, confirming this preference.
DATA SECURITY AND DATA INTEGRITY
Gearbox maintains reasonable security measures to safeguard Job Applicant Data from loss, misuse, unauthorized access, disclosure, alteration or destruction. Gearbox also maintains reasonable procedures to help ensure that such data is reliable for its intended use and is accurate, complete and current.
TRANSFER TO THIRD PARTIES
Job applicants may submit their applications to Gearbox via a website controlled by Gearbox Software, LLC in the United States and operated by third party vendors outside of the European Economic Area (“EEA”). Gearbox may also share Job Applicant Data with other affiliates to the extent required for the role to which the applicant is applying or when Gearbox is required to provide information under applicable law or legal process.
The countries to which Job Applicant Data is transferred may not have in place equivalent data protection laws to those in the EEA. For example, Gearbox Software, LLC is located in the United States, which does not have equivalent data protection laws. Gearbox has put in place measures, including European Commission-approved Standard Contractual Clauses, to safeguard the transfer of Job Applicant Data among affiliates (as needed) and to all third party vendors outside the EEA. Job Applicant Data will be made available to individuals within the recipient entities on a need-to-know basis only for the relevant purposes described above.
Job Applicant Data may also be shared with companies that help provide background screening services, to the extent this is required for the position to which the applicant is applying in accordance with applicable law. For more information on Gearbox’s international data transfers, please contact our Privacy Contact at firstname.lastname@example.org
LAWFUL BASIS FOR PROCESSING JOB APPLICANT DATA
Gearbox processes Job Applicant Data when necessary to fulfil process an application. Gearbox may also process Job Applicant Data with consent (for example, when asking permission to contact a reference). Gearbox also processes Job Applicant Data where required to by law (for example, to comply with record keeping, auditing or tax obligations), or when it is in Gearbox’s legitimate interests and when these interests are not overridden by privacy and data protection rights, such as to protect the security of facilities and online platforms.
CHOICES AND RIGHTS
Job applicants are entitled to request access to their Job Applicant Data and to correct, amend or delete it, or, to the extent applicable, to receive Job Applicant Data in a structured, machine readable format. In addition, Job Applicants can object to the processing of personal data in some circumstances and, where processing relies on consent, job applicants may withdraw it at any time. These rights may be limited in some circumstances, for example if fulfilling the request would reveal personal data about another person, if Gearbox has compelling legitimate interests, or if Gearbox is not permitted by law to comply with the request. Applicable data protection law also may provide a right to complain to a supervisory authority. Any of the above requests should be directed to the applicant’s local Human Resources/Recruiting department or to the Gearbox Privacy Contact (email@example.com).
DISCLOSURES REQUIRED OR PERMITTED BY LAW
Regardless of any other provisions in this Privacy Notice, Gearbox may disclose or otherwise process Job Applicant Data in the context of any sale or transaction involving all or a portion of the business, or as may be required or permitted by law or the Standard Contractual Clauses. Gearbox also may disclose Job Applicant Data to law enforcement authorities or other government officials based on an enforceable government request or as may be required under applicable law.
Gearbox Privacy Contact: