Job applicant privacy policy

Binary Group (hereinafter referred to as 'Binary Group companies', 'the Company') is commited to protecting the privacy and security of the applicant's personal information. This privacy notice sets out the types of data that the Company collects on the applicant. It also sets out how the Company collect and use the applicant' personal data, and how long it keeps them and other relevant information about the applicant's data in accordance with the General Data Protection Regulation (EU) 2016/679 (hereafter referred to as 'GDPR') and Data Protection Act 2018.

This privacy notice only applies to job applicants residing in the EU.

The Company is required under data protection legislation to notify the applicant of the information contained in this privacy notice. As such, it is important that the applicant read this notice, together with any other privacy notice that the Company may provide for the applicant on specific occasions when the Company is collectiong or processing personal data about the applicant, so that the applicant is aware of how and why the Company is using such information.


The following terms shall have the meaning set out below and cognate terms shall be construed accordingly:

'Data Controller' shall mean the Binary Group companies. This means that the Company is responsible for deciding how it holds and uses any personal data about the applicant.

'Data Protection Act (DPA)' shall mean Data Protection Act 2018, Chapter 440 of the Laws of Malta.

'Data Subject' shall mean the applicant, whose personal data is collected by the Company.

'GDPR' shall mean EU General Data Protection Regulation 2016/679.

'Personal Data' means any identifiable information relating to the applicant.

'Processing' shall mean any operation which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, restriction, erasure, or destruction, etc..

Types of personal data collected

The Company collects, stores, and processes a range of information about the applicant, such as, but not limited to:

  • the applicant's personal details, including name, address, and contract details, comprising email address and telephone number, date of birth, and gender;
  • details of the applicant's about the applicant's remuneration, including entitlement to benefits such as pensions or insurance cover, if applicable;
  • information about the applicant's nationality;
  • details of the identity of the the applicant's reference, including their name and contract details, comprising email address and telephone number; and
  • information about medical or health conditions, including whether or not the applicant has a disability for which the Company needs to make reasonable adjustments.

The Company may collect this information in a variety of ways. Data is collected and contained in CVs or resumes, via Self-Assessment Topgrading Questionnaires/Interview (SATI), or through interviews or other forms of assessment, including online tests.

The Company may also collect personal data about the applicant from third parties, such as further references supplied by former employers and information from criminal records checks.

Data will be stored in a range of different places, including on the applicant's application record, in HR management systems, and on other IT systems (including email).

Purpose of collecting Personal Data

The Company typically collects and uses the applicant's Personal Data for the purposes of the legitimate interests pursued by the Binary Group, such as making decisions about the person to employ and the salary and other benefits to offer; and complying with our the Company's legal obligations, such as conducting necessary checks in relation to the right to work in the a specific jurisdiction and making any reasonable adjustments for disabled employees.

The applicant is under no statutory or contractual obligation to provide data to Binary Group during the recruitment process. However, should the applicant elect not to provide any necessary information, the Company may not be able to proceed with their application.


The Company shall ensure the confidentiality of all Personal Data provided by the applicant at all times and is protected against any accidental loss or disclosure, destruction, and abuse. The Company shall also ensure that such Personal Data is only processed and stored as necessary for the purposes specified in this privacy policy and all applicable Data Protection Laws.

The Company shall further disclose information about the applicant to any third-party parties' service providers within the Binary Group. The Company shall ensure that a data sharing agreement is in place and that the applicant's data is held securely and in line with GDPR requirements. The Company shall further disclose information about the applicant when it is legally obligated to do so.

Data retention

The applicant's personal data shall be stored for a period of six months should the applicant be unsuccessful or decline in accepting employment with the Binary Group. At the expiry of that period, the applicant's data is deleted or destroyed unless the Company is required to further retain the applicant's information to exercise or defend any legal claims.

Should the applicant's application be successful and an employment with the Binary Group be accepted, the applicant's data will be retained until the cessation of their employment. A separate privacy policy for employees will be made available to the applicant after entering employment with the Company.

Applicant's rights

In light of the EU General Data Protection Regulation 2016/679 and the Data Protection Act 2018, the applicant is entitled to a number of rights with regards to the applicant's personal data; namely, the following rights:

  • The right to be informed of the use of their personal data. This privacy policy is dedicated for this purpose.
  • The right to request access to their data from the Company.
  • The right to rectify their personal data should the Company hold any information about the applicant that is incomplete or inaccurate.
  • The right to erase or delete their personal information subject to the data retention practice of the Binary Group.

The applicant is further afforded the rights to:

  • restrict the further processing of their personal data, as well as in certain circumstances; and
  • the right to data portability

The applicant has the right to lodge a complaint to the Data Protection Commissioner in Malta should the applicant believe that the Company has failed to comply with the requirements of EU General Data Protection Regulation 2016/679 or the Data Protection Act 2018 with regards to the applicant's personal data.

Changes to this privacy policy

The Company reserves the right to update this privacy policy at any time and will provide the applicant with a new privacy policy when substantial amendments and updates are made. The Company may also notify the applicant in other ways from time to time about the processing of the applicant's personal information.

Should the applicant have any questions about this privacy policy or if the applicant would like to exercise any of their rights, they should contact the Company's Data Protection Officer (DPO) by [email protected].