JOB APPLICANT PRIVACY NOTICE
INFORMATION GATHERING AND USAGE
Gentari may collect, store, use and otherwise process certain individually identifiable data about you as a job applicant (“Personal Data”) to the extent permitted by applicable law, includes but not limited to your:
Name, contact information, gender, citizenship, date of birth, current organisation and position information, expected compensation, photo, log-in information for Gentari applications, background check information, education history and other formal training and certifications, language skills and other characteristics, skills, experience and certifications, executed documents in connection with your application, interview assessment forms, and/or other personal data for the purposes of your application.
Gentari may collect Personal Data from you through Gentari Career portal or any other relevant platforms (for example, LinkedIn), together with any information contained within any document you upload and provide to us, to support your application, as well as a number of sources, including public records, former employers, your referees (as provided to us), recruitment agencies, educational institutions, external consultants, and such other permissible or authorised sources.
Where applicable for the purpose of your application for employment, we may also require you to provide Personal Data relating to your referees, spouse(s), family members or other dependents, and where necessary for our own internal reference and records, with your consent, information relating to your previous salary or pay (including the relevant documentation or records). To the extent that you have provided (or will provide) Personal Data about your referees, spouse(s), family members or other dependents, it is your responsibility to inform such individuals about the processing of their Personal Data by Gentari for the purposes and in the manner described in this Privacy Notice. You must also inform them about their rights of access, rectification and deletion in accordance with applicable law and must obtain their consent, where necessary, to the processing and transfer of their Personal Data as set out herein, and where you have provided (or will provide) Personal Data about your previous salary or pay or any relevant confidential information, it is your responsibility to obtain your previous employer’s consent, where necessary, to the disclosure of the salary or pay or confidential information as set out herein.
Gentari will not collect, use or process any Personal Data that is prohibited by applicable law. The type of Personal Data actually collected by Gentari may vary from jurisdiction to jurisdiction, and in some jurisdictions Gentari might not collect all of the categories of Personal Data listed above.
Moreover, in addition to the Personal Data listed above, Gentari in accordance with applicable law and Gentari’s policies, may also collect limited sensitive Personal Data that includes but not limited to: (i) physical and/or medical health information including vaccination status (for pre-employment physical examination approval, and health and safety risk assessment); (ii) racial or ethnic origin (as legally required by third party payroll providers); (iii) information in relation to criminal convictions (processed as part of the application process); (iv) information about religious beliefs; and (v) information about political opinions (“Sensitive Personal Data”).
Unless otherwise expressly stated, Personal Data would for purposes of this Privacy Notice include reference to Sensitive Personal Data.
Reference to “Gentari” herein refers to Gentari Sdn Bhd (Gentari) and its subsidiaries and controlled companies. The expression “Gentari” is used for convenience where references are made to Gentari group of companies in general.
The companies in which Gentari Sdn Bhd (Gentari) has direct or indirect shareholding are distinct legal entities. This may also include reference to joint venture companies in which Gentari is a non-controlling co-venturer, and associated companies (as and where applicable).
We will only use your Personal Data for the purposes of the recruitment process and/or otherwise in connection with your potential employment, our internal record keeping, maintenance and updating of any information database(s), and for verification purposes and security screening or background monitoring (where permitted by local legislation).
We may provide and/or transfer your personal data to other companies within the Gentari group of companies in respect of your application for employment as well as to determine your suitability for employment within Gentari and its group of companies, whether within or outside the jurisdiction where Gentari is located, where your consent has been obtained. A list of the companies and affiliates in the Gentari group of companies Group and their jurisdiction can be found on Gentari’s website.
Gentari may use your Personal Data for direct marketing purposes, but only where you have given us your express consent to do so by means of a specific opt-in to direct marketing.
Transfers out of the EEA:
Any transfer of Personal Data from within the European Economic Area (“EEA”) to a country outside of the EEA that has not been recognised by the EU Commission as providing an adequate level of data protection within the meaning of the General Data Protection Regulation will be made subject to “appropriate safeguards” being in place to ensure the protection of your Personal Data.
Appropriate safeguards refers to data transfer agreements based on the EU Commission standard contractual clauses for the transfer of data to third countries.
In the absence of an adequacy decision and where appropriate safeguards are unavailable, transfers may take place on the basis of your consent. In such a situation, we will inform you of the possible risks associated with such a transfer.
Alternatively, we may transfer your personal data where necessary:
For the avoidance of doubt, the foregoing provision shall apply also in case we carry out onward transfer of Personal Data to any other Gentari group of companies outside of the EEA (including those established in countries that have not been recognised by the EU Commission as providing an adequate level of data protection within the meaning of the GDPR).
We may also provide your Personal Data to third-party credit agencies, employment agencies, security screening agencies, medical examiners, or your referees to carry out background checks as part of the recruitment process, enforcement or regulatory authorities as required by applicable law, and/or otherwise in connection with your potential employment.
UNSUCCESSFUL APPLICATION
If your application is unsuccessful, we will keep your personal data only for a reasonable period based on our business needs and in accordance with our internal policies and procedures.
SUCCESSFUL APPLICATION
If your application is successful, we will process your personal data for purposes regarding employment with us, in accordance with our Employee Privacy Notice.
In any other case, we will retain your personal data for the period necessary to fulfil the purposes stated herein unless a longer retention period is permitted or required by any applicable law. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required.
Should there be a new purpose for the collection of your Personal Data, we shall inform you accordingly and obtain your consent to the same, where necessary.
If you choose not to provide us with your Personal Data or if you provide insufficient, invalid, incorrect or inaccurate Personal Data to us or decline to provide the Personal Data we require, we may not be able to process your application and it may impact your ability to be employed.
Gentari will not disclose information provided by you to third parties without your consent other than as described in this Notice or in our full Privacy Statement on Gentari’s website.
For further information regarding the storage and transfer of your personal data, your rights in relation to your personal data, and the contact details of our privacy officer, please read our full Privacy Statement on Gentari’s website.
CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update and amend this Privacy Notice from time to time. You are advised to check any amendments to this Privacy Notice via Gentari Career Portal. If we amend this Privacy Notice, the amendment will only apply to personal data collected after we have posted the revised Privacy Notice.
LANGUAGE
In accordance with the requirement of Malaysian data protection and privacy law, this Privacy Notice is issued in both English and Bahasa Malaysia. In the event of any inconsistencies or discrepancies between the English version and the Bahasa Malaysia version, the English version shall prevail.
HOW YOU CAN CONTACT US
Any questions, comments and requests regarding this Privacy Notice are welcomed and should be addressed to:
Head Talent Acquisition, Talent Gentari
Address: Level 22, Tower 3, PETRONAS Twin Towers,
Kuala Lumpur City Centre, 50088 Kuala Lumpur, Malaysia
Email Address: gentarirecruitment@gentari.com
Last updated: January 2024