Candidate Privacy Notice                                                                                                                         February 2021

What is the purpose of this document?

Bentley Motors Limited (“Bentley”) is committed to protecting the privacy and security of your personal information.

This privacy notice describes how we collect and use personal information about you during the application and recruitment process.

Bentley, registered in England under company registration number 992897, and whose registered office is Pyms Lane, Crewe, Cheshire, CW1 3PL, UK, is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

This notice applies to all candidate profiles registered with Bentley, and applications made with us whether for an employee,  trainee or work experience vacancy. This notice does not form part of any contract of employment or other contract to provide services.

It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation. We may update this notice at any time and so recommend that you check on a periodic basis to ensure that you have read the latest version.

Data protection principles

We will comply with data protection law. This says that the personal information we hold about you must be:

  1. Used lawfully, fairly and in a transparent way.
  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  3. Relevant to the purposes we have told you about and limited only to those purposes.
  4. Accurate and kept up to date.
  5. Kept only as long as necessary for the purposes we have told you about.
  6. Kept securely.

The kind of information we hold about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person's health or sexual orientation. Information about criminal convictions also warrants this higher level of protection.

In connection with your application to Bentley, we will collect, store, and use the following categories of personal information about you:

  • The information you have provided to us in your CV and covering letter.
  • The information you have provided on our application form, including name, title, address, telephone number, personal e-mail address, date of birth, national insurance number, employment history, salary, qualifications, current job title, work experience, educational institution, language skills, previous role/s applied for within Bentley
  • If your applicantion is internal, Bentley employment status, SAP number and Line Manager details will be gathered.
  • Copies of driving licence, where applicable
  • Copies of right to work documentation, qualifications, certifications and references.
  • Interview notes, completed presentations and online assessment results.

We may also collect, store and use the following more sensitive types of personal information:

  • Information about your race, ethnicity, religion, gender, any physical or mental disability and related reasonable adjustments.
  • Information about criminal convictions and offences.

How is your personal information collected?

We collect personal information about candidates from the following sources:

  • You, the candidate.
  • Recruitment agencies.
  • A background check provider.
  • Your named references.
  • Volkswagen Group.
  • Publicly accessible sources, such as public LinkedIn profiles and job boards.

How we will use information about you

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

  1. Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.
  2. Where we need to comply with a legal obligation.

We will use the personal information we collect about you to:

  • Assess your skills, qualifications and suitability for the role you have applied for.
  • Communicate with you about the recruitment process and other roles that may arise.
  • Carry out background and reference checks.
  • Create accounts on third party sites for the completion of online assessments, if applicable.
  • To decide whether to appoint you to the role that you have applied for, and whether to enter into a contract of employment with you.
  • Communicate with you as part of the on-boarding process, if you are offered and accept the role
  • Complete a sponsorship process, where this is applicable, e.g. international Intern placement
  • Keep records related to our hiring processes.
  • Comply with our legal or regulatory requirements.

Having received your CV and application form, we will process the information to decide whether your application is strong enough to invite you for an interview. If we invite you for an interview, we will use the information you provide to us at the interview to decide whether to offer you the role, proceed to a further interview or to decline your application. At interview stage, we will conduct the Right to Work check, retaining evidence of your right to work to meet our legal obligations should we decide to offer you the role. If we decide to offer you the role, we will then take up references and background checks, including criminal, where applicable before confirming your appointment.

If you fail to provide personal information

If you fail to provide certain information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully. For example, if we require a credit check or references for the role and you fail to provide us with relevant details, we will not be able to take your application further.

How we use particularly sensitive personal information

"Special categories" of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:

1. In limited circumstances, with your explicit written consent.

2. Where we need to carry out our legal obligations or exercise rights in connection with employment.

3. Where it is needed in the public interest, such as for equal opportunities monitoring and reporting.

We will use your particularly sensitive personal information in the following ways:

  • We will use information about your disability status to consider whether we need to provide reasonable adjustments during the recruitment process
  • Equal opportunities monitoring and reporting.

Information about criminal convictions

We envisage that there will be roles where there is a requirement to process information about criminal convictions. We will collect information about your criminal conviction history if we would like to offer you the role (conditional on checks and any other conditions, such as references, being satisfactory). We are entitled to carry out a criminal records check in order to satisfy ourselves that there is nothing in your criminal convictions history which makes you unsuitable for the role. In particular:

  • For roles that require a high degree of trust and integrity we require standard or enhanced checks of including criminal records history.
  • For roles that will work in secure areas, a criminal check will be required to satify our customs obligations.

Automated decision-making

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:

1. Where we have notified you of the decision and given you 21 days to request reconsideration.

For future talent, apprentice, undergraduate and graduate opportunities, questions in relation to academic qualifications will be asked to determine suitability and an automated decision will be made based on the responses.

Data sharing

We may have to share your data with third parties, including third-party service providers. We require third parties to respect the security of your data and to treat it in accordance with the law.

We may transfer your personal information outside the EU. If we do, you can expect a similar degree of protection in respect of your personal information.

If your application involves an online assessment, we will provide our third party testing suppliers with your name and e-mail address for the purpose of processing your application.

If your application requires a background check, we will provide our third party background check provider with you name, date of birth, address, CV, qualifications and references.

If you have applied for an apprenticeship and you are successful, your personal information will be shared with our inhouse Skills Development team, relevant training providers and Government authorities.

If your application relates to an intern position and you are an international student requiring sponsorship, your personal information will be shared with a third party sponsorship company.

All our third-party service providers and other entities in the Group are required to take appropriate security measures to protect your personal information 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 permit them to process your personal data for specified purposes and in accordance with our instructions.

We may also need to share your personal information with a regulator or to otherwise comply with the law.

Data security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, and  third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

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.

Data retention

How long will you use my information for?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Personal information processed as part of the recruitment process is retained for a period of 1 year after we have communicated to you our decision about whether to appoint you to the role. We retain your personal information for that period so that we can show we have conducted the recruitment exercise in a fair and transparent way and, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds. After this period, we will securely destroy your personal information in accordance with our data retention policy.

We may wish to retain your personal information on file, on the basis that a further opportunity arises in future and we may wish to consider you for that, unless you advise otherwise..

Rights of access, correction, erasure, and restriction

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your interactions with us. You can view and update your CV, address and contact details at any time by logging into your Candidate Profile, in addition to managing your application and job alert preferences.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove you personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.

If you want to exercise your rights in connection with your personal information, please contact DPO@bentley.co.uk.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

When you applied for this role, you provided consent to us processing your personal information for the purposes of the recruitment exercise. You have the right to withdraw your consent for processing for that purpose at any time. To withdraw consent, please contact contact.us@bentley.co.uk . Once we have received notification that you have withdrawn your consent, we will no longer process your application and, subject to our retention policy, will dispose of your personal data securely.

Right to Complain to the Information Commissioner's Office

The Information Commissioner's Office (ICO) regulates the processing of personal data. We are registered with ICO as a data controller and our registration number is: Z7183951.

Please direct any queries or complaints directly to us in the first instance. If you do not agree with the way we have processed your data, or responded to your concerns, you can submit a complaint to ICO or the supervisory authority in the place of your habitual residence. However, as the UK supervisory authority, the ICO will be the lead supervisory authority in the event of any complaint:

ICO website: https://ico.org.uk/

ICO contact details: https://ico.org.uk/global/contact-us/

Data protection officer

We have appointed a data protection officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO.

DPO@bentley.co.uk

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues.