Lind Group Holding Company Ltd Recruitment Privacy Policy

  1. General intro
    1. As part of any recruitment process, we collect and process personal information, or personal data relating to job applicants. We are committed to ensuring that we manage your personal data professionally and in compliance with all applicable data protection laws. Part of this commitment is to ensure that there is transparency about how we process personal data. This policy includes an explanation of:
      1. what data we are processing;
      2. why we are processing it and what we do with it;
      3. whether we will share it with anyone else;
      4. whether we will transfer it outside of the European Economic Area (‘EEA’);
      5. how we keep your data safe; and
      6. your rights.
  1. We hope that you find this Privacy Policy helpful.  If you have any questions, please don’t hesitate to contact us.
  1. Who we are and our contact details
    1. The Lind Group Holding Company Limited and our subsidiary companies including Lind AG Limited (T/A Porsche Centre Tonbridge, Porsche Centre Norwich), Lind US Limited (T/A Guildford Harley-Davidson, Newmarket Harley-Davidson, Norwich Harley-Davidson, Reading Harley-Davidson, Watford Harley-Davidson & Lind Harley-Davidson), Lind Motorrad Limited (T/A Lind Motorrad Norwich, Lind Motorrad Welwyn Garden City, Lind Motorrad) and Lind Triumph Limited (T/A Jack Lilley Triumph, Lind Triumph, Triumph West London, Triumph East London, Triumph North London & Triumph London) are registered at Brook Farm, Five Oak Green Road, Tonbridge, Kent, TN11 0QN, Great Britain.  In this policy we have referred to the Lind Group Holding Company Ltd and subsidiary companies as: Lind, we, us, our, the organisation or the LGHC.
  1. For any queries concerning your data or how we handle or process your data in relation to the recruitment process please contact Sarah St Clair Bishop, Head of People either by post to the above stated address or by email:
  1. Your personal data
    1. Personal information is any information about an individual from which that person can be directly or indirectly identified. It does not include anonymised data, i.e. where all identifying particulars have been removed. There are also “special categories” of personal information and personal information on criminal convictions and offences, which requires a higher level of protection because it is of a more sensitive nature. The special categories of personal information comprise information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and genetic and biometric data.
    2. We collect a range of personal information about you during the recruitment process which is detailed within section 3.3
  1. What data do we hold about you?
    1. Contact Details: including your Name, Address, Phone numbers and Email address.
    2. Identification Data: such as your name, citizenship, passport data, drivers licence data, national insurance number and photo (from Passport/Driving Licence).
    3. Personal Information: such as your date and place of birth, emergency contact details and gender.
    4. Education and Work Experiences: such as contact details for your current and former employers, information about your educational background, your work experience and other experiences.
    5. Other Application Data: any information which may be outlined within your CV, communication to us or public profiles such as LinkedIn.
    6. Information Collected as Part of the Interview Process: this may include notes taken from your interview or information provided by recruitment agencies.
    7. Background Check Information: information which has been obtained through reference checks and confirmation about your work / educational background.
    8. Psychometirc Testing Results: either carried out internally or by an external third party provider as part of the assessment process.
    9. Sensitive Applicant Data: in addition to the collection, processing and use of the applicant data mentioned above, Lind collects, processes and uses “sensitive applicant data” with your explicit consent as outlined here:
      1. Health and Medical Data: such as information regarding a disability or medical condition which could affect your work.
      2. Criminal Records
      3. Race or Ethnicity: such as information contained in your passport or other citizenship and right to work documentation, and information which you have voluntarily provided to us for the purposes of our equal opportunities and diversity monitoring initiatives.
      4. Gender and Sexual Orientation: where you have voluntarily provided to us for the purposes of our equal opportunities and diversity monitoring initiatives.
    10. Video / Audio Recordings: We may record calls or the interview (either just audio or video and audio) to later further review the interview, share with other members of the management team and/or to keep a record of what was said and agreed during the call / interview.
  1. How do we obtain this data?
    1. You directly provided us with this information either at one of our dealerships in person, by post, by email or via our website.
    2. A recruitment agency or job board provided us with your information, at which point you agreed with them that your information could be supplied to us.
    3. Your public online profile such as LinkedIn and Recruitment Websites.
    4. References from current or previous employers and education establishments or examination boards.
    5. Credit reference agencies and criminal record checks from the Disclosure and Barring Service (DBS).
    6. Other than employment agencies, we will only seek personal or sensitive information from third parties during the recruitment process once an offer of employment or engagement has been made to you and we will inform you that we are doing so.
    7. You are under no statutory or contractual obligation to provide personal information to us during the recruitment process.
  1. What do we do with this data?
    1. Manage the recruitment process and assess your suitability for employment or engagement
    2. Comply with statutory and/or regulatory requirements and obligations, e.g. checking your right to work in the UK
    3. Comply with the duty to make reasonable adjustments for disabled job applicants and with other disability discrimination obligations
    4. To ensure compliance with your statutory rights
    5. To monitor equal opportunities
    6. To enable us to establish, exercise or defend possible legal claims
    7. We may process your personal information without your consent, in compliance with these rules, where this is required or permitted by law.
    8. Some special categories of personal information, i.e. information about your health, and information about criminal convictions and offences, is processed so that we can perform or exercise our obligations or rights under employment law and in line with our data protection policy.
    9. To comply with our legal obligations to law enforcement, regulators and the court service. We may be legally required to provide your information to law enforcement agencies, regulators and courts and third party litigants in connection with proceedings or investigations anywhere in the world. Where we are permitted to do so, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.
    10. To carry out a full recruitment process for which position you have applied for. This includes arranging interviews to offering a contract of employment, if suitable.
  1. What’s our lawful basis for the processing of this data?
    1. Where we need to do so to take steps at your request prior to entering into a contract with you, or to enter into a contract with you
    2. Where we need to comply with a legal obligation
    3. Where it is necessary for our legitimate interests (or those of a third party), and your interests or your fundamental rights and freedoms do not override our interests.
    4. We need all the types of personal information listed under “What types of personal information do we collect about you?” primarily to enable us to take steps at your request to enter into a contract with you, or to enter into a contract with you, and to enable us to comply with our legal obligations.
    5. In some cases, we may also use your personal information where it is necessary to pursue our legitimate interests (or those of a third party), provided that your interests or your fundamental rights and freedoms do not override our interests. Our legitimate interests include: pursuing our business by employing employees, workers and contractors; managing the recruitment process; conducting due diligence on prospective staff and performing effective internal administration.
  1. Will we share your data with any third parties?
    1. If we sell all or part of our business, or are otherwise involved in a merger or business transfer, we may transfer your personal information to one or more third parties as part of that transaction.
    2. There may be instances where the law requires we disclose your personal information to respond to subpoenas, court orders, or other legal process, to respond to a request of cooperation from a law enforcement or another government agency.
    3. We will never sell, rent, lease or give away your personal data to any third party.
    4. We may disclose your personal information to our third party service providers for the purposes of processing your application, conducting pre-employment reference checks, background checks, pre-employment assessments.
    5. The DBS to obtain a criminal record check.
    6. In order to obtain references, we may contact current and previous employers.
    7. Professional advisors, such as lawyers.
    8. We may share your personal information with third parties where it is necessary to steps at your request to enter into a contract with you, or to enter into a contract with you, where we need to comply with a legal obligation, or where it is necessary for our legitimate interests (or those of a third party).
  1. How long do we keep this data?
    1. We retain your information only as long as is necessary for the purpose for which we obtained it, i.e. for the recruitment exercise for which you have applied.
    2. If your application for employment or engagement is unsuccessful, the Company will generally hold your personal information for up to one year after the end of the relevant recruitment exercise but this is subject to: (a) any minimum statutory or other legal, tax, health and safety, reporting or accounting requirements for particular data or records, and (b) the retention of some types of personal information for up to six years to protect against legal risk, e.g. if they could be relevant to a possible legal claim in a tribunal, County Court or High Court. If you have consented to the Company keeping your personal information on file for in case there are future suitable employment opportunities with us, the Company will hold your personal information for a further one year after the end of the relevant recruitment exercise, or until you withdraw your consent if earlier.
    3. If your application for employment or engagement is successful, personal information gathered during the recruitment process will be retained for the duration of your employment or engagement and in accordance with the privacy notice for employees, workers and contractors.
    4. Personal information which is no longer to be retained will be securely and effectively destroyed or permanently erased from our IT systems and we will also require third parties to destroy or erase such personal information where applicable.
    5. In some circumstances we may anonymise your personal information so that it no longer permits your identification. In this case, we may retain such information for a longer period.
  1. Transferring your data outside of the European Economic Area (‘EEA’)
    1. We will ensure that any of your information that is accessible outside the EEA is handled subject to appropriate safeguards. Certain countries outside the EEA, such as Canada and Switzerland, have been approved by the European Commission as providing essentially equivalent protection to EEA data protection laws and therefore no additional legal safeguards are required. In countries which have not had such approval, we will either ask for your consent to the transfer or transfer it subject to European Commission approved contractual terms that impose equivalent data protection obligations directly on the recipient unless we are permitted under applicable data protection law to make such transfers without such formalities.
  1. Data security
    1. We have adopted the technical and organisational measures necessary to ensure the security of the personal data we collect, use and maintain, and prevent their alteration, loss, unauthorised processing or access, having regard to the state of the art, the nature of the data stored and the risks to which they are exposed by human action or physical or natural environment.  However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database.
    2. We use Secure Sockets Layer (SSL) software to protect your online transactions. SSL encrypts the personal information you provide to us before travelling over the internet; however we are unable to guarantee the security of the data transmitted to our website as unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, any transmission is at your own risk.  Once we have received your information, we will use procedures and security features to try to prevent unauthorised access.
    3. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
  1. Your rights
    1. Right of Access: We always aim to be as open as we can and allow people access to their personal information. Where we hold your personal data, you can make a ‘subject access request’ to us and we will provide you with:
      1. a description of it;
      2. an explanation of why we are holding it;
      3. information about who it could be disclosed to; and
      4. a copy of the information in an intelligible form – unless an exception to the disclosure requirements is applicable.
      5. If you would like to make a ‘subject access request’ please make it in writing to our contact email address noted in section 2 and mark it clearly as ‘Subject Access Request’.
      6. If you agree, we will try to deal with your request informally, for example by providing you with the specific information you need over the telephone
      7. Unless you agree a different time, we will complete your subject access request within one month.
    2. Right to Rectification: this enables you to have any inaccurate or incomplete personal information we hold about you corrected
    3. Right to Erasure (Right to be Forgotten): this enables you to ask us to delete or remove your personal information where there’s no compelling reason for its continued processing, e.g. it’s no longer necessary in relation to the purpose for which it was originally collected
    4. Right to Restriction of Processing: in limited circumstances, you may have the right to request that we restrict processing of your personal data, however, where we process both applicant and sensitive applicant data for the processing purposes we think that we have a legitimate interest in processing which may override a request that you make.
    5. Right to Data Portability: you may have the right to receive personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit that data to another entity.
    6. Right to Object and Rights Relating to Automated Decision Making: Under certain circumstances you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data, including profiling, by is and we can be required to no longer process your personal data. This may include requesting human intervention in relation to an automated decision so that you can express your view and to consent the decision.
  1. Policy updates
    1. As our business changes from time to time, we sometimes need to make changes to the way we collect and use your personal information. Therefore, this Privacy Policy may be updated from time to time. Your personal information is processed according to the current version of our Privacy Policy, so please do check to ensure you are aware of and agree to any updates.
  1. This policy was last updated on 21 April 2021