Job Applicants Privacy Notice

We 42Gears Mobility Systems Private Limited and its subsidiaries, affiliates and related entities, (referred to as “42Gears”, “we”, “us”) respect your privacy and are committed to protecting your personal data. 42Gears is a data controller. This notice is aimed at informing you about how and why your personal data will be used for the recruitment purpose, and how long it will be retained for. We are committed to being transparent about how we collect, use and process the data in accordance to the data protection obligations.

1. Why is your personal data processed?

42Gears has a legitimate interest in processing personal data during the recruitment process and for keeping accurate and up to date records of the processing. 42Gears collects and processes your data for a number of purposes and where we have a legal basis to do so.

We process your Personal Data only if it is necessary for the performance of contract to which you are the party or in order to take steps at your request prior to entering into a contract. 42Gears has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from data job applicants allows us to manage the recruitment process, assess and confirm a candidate’s suitability for employment and decide to whom to offer a job. We may also need to process data from job applicants to respond and defend against legal claims. 

If you do not provide the Personal Data for processing, we will not be able to continue providing our services or engage further in our employment relationship, which might include termination of our contractual relationship with you. 

In some case, we need to process data to ensure we comply with the legal obligations. For example, we are required to check a successful applicant’s eligibility to work in United Kingdom before employment starts or to carry out background and reference checks, where applicable etc. 

The purpose of the data collection is to be able to carry out a legitimate examination of your application in context of the application and recruitment process. For this purpose we will check whether you will be invited to the interview as a given step of the recruitment process.

We will not use your data for any purpose other than the recruitment process of which you are a part of. 

2. What information do we collect?

   In connection with your application for work with us, we collect a categories of     information about you which includes:

  • The information you have provided to us in your curriculum vitae and covering letter;
  • Your name, address and contact details including email address and telephone number;
  • Details of your academic qualifications, skills, experience and employment history;
  • Information from the interviews and screenings you have as part of recruitment process;
  • Information about your current level of remuneration, including benefit entitlements;
  • Information about your entitlements to work in designated location across the globe.

We collect this information for various purposes. Example, data contained in application forms, CV’s (including when these are sent to us as part of speculative applications or queries), obtained from your government identifiers/documents, or collected through any other modes of assessment. 

Data will be stored in a range of different places including your application record, in our recruiting emails and HR recruiting management systems.

3. Secondary Purpose

If we wish to use your personal data for a new purpose, not covered by this Notice, then we 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 we will seek your prior consent to the new processing, unless authorized by law.

4. Recipients of Personal Data

Your information may be shared internally within the company for the purpose of recruitment process. This includes recruitment agency, members of the recruitment team, interviewers involved in the recruitment process, managers in the business area with the vacancy and any third party for background verification hired by 42Gears. 

We will not share your data with third parties unless your employment with 42Gears is successful and an offer of employment is made to you. We may also share your data as required in accordance to the central, local or state law as applicable. 

5. Data Sharing

We will only share your personal information with the third parties for the purposes of processing your application; this may include sharing with your information with other entities in the group. All our service providers are required to take appropriate security measures to protect your personal data in line with our policies. We do not allow our third party service providers to use your personal data for their own purposes. We only allow them to process your personal data for specified purposes and in accordance with our instructions.


We may also disclose your personal data for the following additional purposes where permitted or required by applicable law:

  • To other members of our group of companies (including outside of your home jurisdiction) for the purposes set out in this Privacy Notice and as necessary to administer the application and recruitment process. 
  • As part of our regular reporting activities to other members of our group of companies. 
  • To comply with legal obligations or valid legal processes such as search warrants, subpoenas, or court orders. When we disclose your personal data to comply with a legal obligation or legal process, we will take reasonable steps to ensure that we only disclose the minimum personal data necessary for the specific purpose and circumstances. 
  • To protect the rights and property of 42Gears. 
  • During emergency situations or where necessary to protect the safety of persons. 
  • Where the personal data is publicly available. 
  • If a business transfer or change in ownership occurs and the disclosure is necessary to complete the transaction. In these circumstances, we will limit data sharing to what is absolutely necessary, and we will anonymize the data where possible. 
  • For additional purposes with your consent where such consent is required by law.

Cross-Border Data Transfers Where permitted by applicable law, we may transfer the personal data we collect about you to the United States and other jurisdictions that may not be deemed to provide the same level of data protection as your home country for the purposes set out in this Privacy Notice. If your personal data is processed within the European Economic Area (EEA) or the United Kingdom (UK), we will protect your personal data (as defined in the European Union’s (“EU”) General Data Protection Regulation (“GDPR”) when it is transferred outside of the EEA or UK by processing it in a territory which the European Commission has determined provides an adequate level of protection for personal data; or otherwise implementing appropriate safeguards to protect your personal data, including through the use of Standard Contractual Clauses or another lawful transfer mechanism approved by the European Commission and ICO.

6. Data Security  

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your personal data on our specific instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from our website privacy notice.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

7. Data Retention

In line with data protection principles, we keep your personal data only for as long as we need them for and this will depend on whether or not you are successful in obtaining employment with us. At the end of the retention period, your data is deleted or destroyed (unless we need to retain it for longer to exercise or defend any legal claims or as per the legal basis embodied in our internal policies).

If your application is successful, personal data gathered during the recruitment process will be transferred to your personnel/employees file and retained during your employment. The periods for which the employee data is held will be in accordance to the retention requirement policy of 42Gears.

8. International Transfers of Information

The personal information collected in the European Economic Area (“EEA”) may be transferred, stored or processed by us and our service providers outside the Eurpoean Union (“EU”) whose data protection laws may be different than the laws of your country and some of these countries are not deemed ‘adequate’ by the European Commission.
We will protect your personal information in accordance with this Notice wherever it is processed and will take appropriate contractual or other steps to protect the relevant personal information in accordance with applicable laws. These steps include implementing the European Commission's Standard Contractual Clauses for transfers of personal information from our group companies in the EEA to our other group companies. Our Standard Contractual Clauses can be provided upon request. We have implemented similar appropriate safeguards with our service providers, partners and affiliates.

9. Automated decision - making

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.

10. Your Rights

As a data subjects, you have number of rights under applicable Data Protection law, you can:

  1. Access and obtain a copy of your personal data on request. 
  2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data corrected.
  3. Request erasure or stop processing your personal data, for example when the data is no longer necessary for the purpose of processing. 
  4. Object to the processing of your data where we are relying on legitimate interest as its legitimate grounds for processing.
  5. Request the transfer of your personal data to another party; or

If you would like to exercise any of these rights or if you have any questions about this Notice or our processing of your data, please feel free to contact us at privacy@42gears.com.

11. What if you do not provide personal data?

You are under no statutory or contractual obligation to provide data to 42Gears during the recruitment process. However, if you do not provide the information, we may not be able to process your application. 

12. Changes to this Notice

42Gears will review and update this Notice timely in accordance to the changing legal, technical and business developments. When we update this Notice we will change the date of its most revision below. We encourage you to review this Notice frequently to be informed how we are protecting your information.

Last revised on 15th September, 2021