Introduction For Lotus
- Lotus Technology Innovative Limited and our associated companies ("Lotus", "we", "our" or "us") hold and process data on all applicants and interview candidates in connection with the potential employment relationship ("you" or "your").
- We take your data protection rights and our legal obligations seriously. Your personal information will be treated in a secure and confidential manner and only as set out below.
- The following policy describes the categories of personal information we may process, how your personal information may be processed and how your privacy is safeguarded in the course of our relationship with you. It is intended to comply with our obligations to provide you with information about Lotus’ processing of your personal information under privacy laws. It does not form part of any contract of employment or engagement.
- If you have any questions regarding the processing of your personal information or if you believe your privacy rights have been violated, please contact HR@LotusCars.com.
- The relevant associated company of Lotus with whom you apply for a position will be the data controller of your personal information. You can request full contact details of the relevant Lotus company by contacting us at HR@LotusCars.com .
What data do we process?
Personal Information
We may collect various types of personal information about you for the purposes described in this privacy policy including:
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Personnel related data: your title, forename, middle name(s) and surname, birth name, preferred name, any additional names, gender, nationality, second nationality, date of birth, age, home contact details (e.g. address, telephone number, e-mail), national ID number, immigration and eligibility to work data, languages spoken;
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Data related to your potential engagement with Lotus: work contact details (e.g. address, telephone number, e-mail), work location, default hours, default language, time zone and currency for location, your work biography, your job title and job description, your working hours and patterns, whether you are full or part time; references; the reason for any change in job and date of change;
- Recruitment data: qualifications, references, CV and application, interview and assessment data, vetting and verification information;
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Regulatory data: records of your registration with any applicable regulatory authority, your regulated status and any regulatory references; and
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Remuneration and benefits data: your remuneration information, and tax information.
Certain additional information may be collected where this is necessary and permitted by local applicable laws.
Special categories of personal information
To the extent permitted by applicable laws, Lotus may also collect and process a limited amount of personal information falling into special categories, sometimes called “sensitive personal data”. This term includes information relating to such matters as racial or ethnic origin, religious beliefs, physical or mental health (including details of accommodations or adjustments), certain maternity/adoption information, trade union membership, sexual orientation, information regarding sexual life, biometric data, genetic data, criminal records and information regarding criminal offences or proceedings.
How does Lotus collect data?
Lotus collects and records your personal information from a variety of sources, but mainly directly from you. You will usually provide this information directly to the relevant hiring manager or to the local human resources contact or enter it into our systems (for example, during the recruitment process, your participation in HR processes, emails you send or through verbal information which may be recorded).
We may also obtain some information from third parties, for example, references from a previous employer, or where we employ a third party to carry out a background check (where permitted by applicable law).
Where we ask you to provide personal information to us on a mandatory basis, we will inform you of this at the time of collection and in the event that particular information is required by the contract or statute this will be indicated. Your failure to provide any mandatory information will mean that we cannot carry out certain HR processes. In some cases, it may mean that we are unable to continue with your potential employment or engagement as Lotus will not have the personal information we believe to be necessary for the effective and efficient administration and management of our relationship with you.
What is the purpose and lawful basis for which data is processed?
Your personal information is collected and processed for various business purposes, in accordance with applicable laws and any applicable collective bargaining agreements.
We have identified the following purposes for processing personal information. These purposes each relate to a lawful basis for processing, as required under applicable law. These purposes include:
No.
Purpose for processing
Lawful basis
a)
Recruitment and selection
This processing is necessary to take steps at the applicant's request to enter a contract of employment.
Lotus also considers that it has a legitimate interest in fully assessing applications for employment to ensure that only suitable and appropriate candidates are both assessed and selected. Lotus considers that this is important to ensure that Lotus identifies the right people for its business who will be able to contribute to its operations and culture.
b)
Appropriate vetting for recruitment and team allocation including, where relevant and appropriate credit checks, right to work verification, identity fraud checks, criminal record checks (if and to the extent permitted by applicable laws), relevant employment history, relevant regulatory status and professional qualifications;
This processing is necessary for the compliance with legal obligations to which Lotus is subject.
Lotus also considers that it has a legitimate interest in managing its business operations in the most effective way. Lotus needs to make decisions relating to the future of its business in order to preserve its business operations or grow its business. These interests include the interests of the workforce as a whole and the Lotus customer base.
c)
To enforce our legal rights and obligations, and for any purposes in connection with any legal claims made by, against or otherwise involving you;
This processing is necessary to perform the contract between you and Lotus and for the compliance with legal obligations to which Lotus is subject.
Lotus also considers that it has a legitimate interest in protecting its organisation from breaches of legal obligations owed to it and to defend itself from litigation. This is needed to ensure that the company’s legal rights and interests are managed appropriately.
d)
To comply with lawful requests by public authorities (including without limitation to meet national security or law enforcement requirements), discovery requests, or where otherwise required or permitted by applicable laws, court orders, government regulations, or regulatory authorities (including without limitation data protection, tax and employment), whether within or outside your country;
This processing is necessary to perform the contract between you and Lotus and for the compliance with legal obligations to which Lotus is subject.
Lotus also considers that it has a legitimate interest in ensuring that it complies with all legal requirements placed on it, whether those are EU obligations or non-EU obligations. Lotus wishes to maintain its reputation as a good corporate citizen and to act appropriately in all the countries in which it does business. This includes cooperating with authorities and government bodies. Indeed, Lotus is required to comply with laws and regulations in those countries in which it does business and to require otherwise would lead to conflicts of laws issues.
Additional information regarding specific processing of personal information may be notified to you locally or as set out in applicable policies.
If you fail to provide personal information
If you fail to provide 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 this role and you fail to provide us with relevant details, we will not be able to take your application further.
Legal bases for processing
Processing special categories of personal information or sensitive data
The sensitive or special categories of personal information that may be processed by Lotus are set out in this privacy policy.
This may include the following, although this is not an exhaustive list:
No.
Purpose for processing
Lawful basis
a)
Assess and review eligibility to work for Lotus in the jurisdiction in which you work
This processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or Lotus in the field of employment law, social security and social protection law, to the extent permissible under applicable laws.
b)
The collection of statistical data subject to local laws, or where required to record such characteristics to comply with equality and diversity requirements of applicable local legislation or to keep Lotus’s commitment to equal opportunity under review
This processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or Lotus in the field of employment law, social security and social protection law, to the extent permissible under applicable laws.
c)
Administering your trade union membership and ensuring that any relevant rights that you may have in connection with any Trade Union membership are complied with, as required to enable us to meet our obligations under employment law;
This processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or Lotus in the field of employment law, social security and social protection law, to the extent permissible under applicable laws.
d)
Management and investigation of any complaint under Lotus's grievance policy (or other relevant policies), where such characteristics or information are relevant to the particular complaint, in order to comply with employment law obligations.
This processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or Lotus in the field of employment law, social security and social protection law, to the extent permissible under applicable laws.
We may seek your consent to certain processing which is not otherwise justified under one of the above bases. If consent is required for the processing in question, it will be sought from you separately to ensure that it is freely given, informed and explicit. Information regarding such processing will be provided to you at the time that consent is requested, along with the impact of not providing any such consent. You should be aware that it is not a condition or requirement of your potential employment to agree to any request for consent from Lotus.
We will use information about your race, or national or ethic origin, religious, philosophical or moral beliefs, health or sexual orientation, to assess and ensure meaningful equal opportunity monitoring and reporting. Such data will be anonymised prior to processing wherever possible and appropriate.
Processing data relating to criminal convictions and offences
Personal information relating to criminal convictions and offences will only be processed where authorised by applicable laws.
For example:
- A criminal record check may be carried out on recruitment where authorised by applicable laws; or
- An allegation of a criminal offence or conviction arising during your relationship with Lotus may be processed where required or authorised. For example, where we have a legal or regulatory requirement to report an offence or applicable laws authorise Lotus to process information about the offence for the purpose of making decisions regarding your relationship with Lotus.
Retention of personal information
Lotus endeavours to ensure that personal information is kept as current as possible and that irrelevant or excessive data is deleted or made anonymous as soon as reasonably practicable. However, some personal information may be retained for varying time periods in order to comply with legal and regulatory obligations and for other legitimate business reasons.
We will generally retain your personal information only so long as it is required for purposes for which it was collected.
If you have submitted information to our applicant tracking system, we will retain your contact details and information relating to your application/s for a period of 12 months from your last system access, after which your account will be treated as expired. A 30 day advance warning notice will be issued to you by e-mail prior to such expiration. That notice will require you to permit us to hold your data for a further 12 months on a rolling basis, which we will do with your consent. If no response is received to that notice, your data may be deleted.
Automated Decision Making
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
Access to data
Within Lotus, your personal information can be accessed by or may be disclosed internally (including Lotus associated companies and group entities) on a need-to-know basis to:
- Human resources, including managers and team members;
- Management responsible for managing or making decisions in connection with your relationship with Lotus or when involved in an HR process concerning your relationship with Lotus; and
- Where necessary for the performance of specific tasks or system maintenance by personnel in Lotus teams such as the Finance, IT and the HR team.
Your personal information may also be accessed by third parties whom we work together with for providing us with services, such as hosting, supporting and maintaining the framework of our HR information systems.
Examples of third parties with whom your data will be shared include tax authorities, regulatory authorities, Lotus's insurers, bankers, IT administrators, lawyers, auditors, investors, consultants and other professional advisors, payroll providers, and administrators of Lotus's benefits programs. Lotus expects such third parties to process any data disclosed to them in accordance with applicable law, including with respect to data confidentiality and security.
In addition, we may share personal information with national authorities in order to comply with a legal obligation to which we are subject. This is for example the case in the framework of imminent or pending legal proceedings or a statutory audit.
Security of data
Lotus uses a variety of technical and organisational methods to secure your personal information in accordance with applicable laws.
Lotus is committed to protecting the security of the personal information you share with us. In support of this commitment, we have implemented appropriate technical, physical and organisational measures to ensure a level of security appropriate to the risk.
Transfer of personal information
From time to time your personal information (including special categories of personal information) will be transferred to associated companies or group entities of Lotus to process for the purposes described in this privacy policy. These associated companies may be located in countries outside of the European Union, including the US and China. Personal information may also be transferred to third parties, as set out above. As a result, your personal information may be transferred to countries outside of the country in which you work to countries whose data protection laws may be less stringent than yours.
If the transfer is to a country outside the EU/EEA, Lotus will ensure that appropriate or suitable safeguards are in place to protect your personal information and that transfer of your personal information is in compliance with applicable data protection laws. Where required by applicable data protection laws, Lotus requires that service providers (including other Lotus associated companies or group companies) sign standard contractual clauses as approved by the European Commission or other supervisory authority with jurisdiction over the relevant Lotus exporter, or have other safeguards in place. You can obtain a copy of any standard contractual clauses in place which relate to transfers of your personal information by contacting HR@LotusCars.com.
Your rights
Right to access, correct and delete your personal information
Lotus aims to ensure that all personal information are correct. You also have a responsibility to ensure that changes in personal circumstances are notified to Lotus so that we can ensure that your data is up-to-date.
You have the right to request access to any of your personal information that Lotus may hold, and to request correction of any inaccurate data relating to you. You furthermore have the right to request deletion of any irrelevant data we hold about you.
Data portability - where we are relying upon your consent or the fact that the processing is necessary for the performance of a contract to which you are party as the legal basis for processing, and that personal information is processed by automatic means, you have the right to receive all such personal information which you have provided to Lotus in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
Right to restriction of processing - you have the right to restrict our processing of your personal information where:
- You contest the accuracy of the personal information until we have taken sufficient steps to correct or verify its accuracy;
- Where the processing is unlawful but you do not want us to erase the data;
- Where we no longer need the personal information for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; or
- Where you have objected to processing justified on legitimate interest grounds (see below) pending verification as to whether Lotus has compelling legitimate grounds to continue processing.
Where personal information is subjected to restriction in this way we will only process it with your consent or for the establishment, exercise or defence of legal claims.
Right to withdraw consent -where you have provided us with your consent to process data, you have the right to withdraw such consent at any time. You can do this by (i) in some cases deleting the relevant data from the relevant HR system (although note that in this case it may remain in back-ups and linked systems until it is deleted in accordance with our data retention policy) or (ii) contacting your local Human Resources contact or (iii) sending the request to HR@LotusCars.com.
Right to object to processing justified on legitimate interest grounds - where we are relying upon legitimate interest to process data, then you have the right to object to that processing. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
You also have the right to lodge a complaint with a supervisory authority, in particular in your country of residence, if you consider that the processing of your personal information infringes applicable law.
For further information regarding your rights, or to exercise any of your rights, please contact us on HR@Lotuscars.com.
Notice of changes
We may amend this policy from time to time to keep it up to date with legal requirements and the way we operate the Intranet and our business. Please regularly check these pages for the latest version of this policy.
CONTACT
If you have any questions about this privacy notice or how we handle your personal information, please contact us on HR@LotusCars.com. 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.
1. Introduction For GATD
Geely Auto Technical (Deutschland) GmbH, with the registered address at Am Prime-Parc 2, D-65479 Raunheim and the registration number of HRB: 98296 ("the Company”) collects and processes the information that the organization will need in order to perform along with the companies short respectively long-term goals ("Personal data"). This privacy notice ("Privacy Notice") sets out which Personal data that we collect and for which purposes it is processed, as well as your rights connected to the processing of your Personal data.
Throughout this Privacy Notice the term "processing" is used which covers all activities involving your Personal data, including collecting, handling, storing, sharing, accessing, using, transferring and disposing of information.
2. The Personal data THE COMPANY will process about applicants
We in particular may process the following personal data of applicants:
- Name
- Address
- Contact details
- Qualification
- Photo
- Curriculum Vitae
- Reference letter
- Previous salary, benefits and vacation
- Medical data (in individual cases only)
We may further process the following personal data of applicants received from and/or collected from (i) social (online) networks [e.g. LinkedIn, LinkedIn Ireland Unlimited Company (Irland); Xing, New Work SE (Germany); Stepstone, StepStone Deutschland GmbH (Germany); Indeed, Indeed Ireland Operations Limited (Ireland)] , (ii) recruitment process outsourcing partners, and/or (iii) executive search, headhunting and recruitment agencies:
- Name
- Address
- Contact details
- Qualification
- Photo
- Curriculum Vitae
- Reference letter
- Previous salary, benefits and vacation
- Medical data (in individual cases only)
It is necessary for us to process your personal data to be able to assess your suitability for our career options and to make our hiring decision. We may, if applicable in the respective situation, process special categories of personal data like medical data, if this is necessary to assess your working capability for the respective vacancy in our company.
The legal basis for the processing of personal data for hiring decisions is sec. 26 (1) German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG). The legal basis for processing special categories of personal data for the purposes of carrying out the obligations and exercising the rights of you or the Company in the field of employment law, social security and social protection law, is sec. 26 (3) BDSG. In case of court or out-of-court disputes , the legal basis for processing of your personal data is our legitimate interest in assertion, exercise or defense of legal claims according to Art. 6 (1) (f) General Data Protection Regulation (GDPR). As far as special categories of personal data have to be processed for this reason, the legal basis is Art. 9 (2) (f) GDPR.
We store the personal data of rejected applicants for a maximum of 6 months, unless you consented to the longer storage of your personal data for the purpose of considering you for future vacancies in our company. The legal basis for such longer storage is Art. 6 (1) (a), Art. 7 GDPR and sec. 26 (2) BDSG.
Only if you gave your prior expressed consent, we will make your personal data available to other companies within the Geely Group for the purpose of recruitment for other positions within the Geely Group that could be interesting for you and match with your qualifications and experience.
The personal data of hired applicants will be transferred to their personnel file and will be stored for the duration of employment plus up to 3 years from the expiration of the year in which the employment relationship has ended. We may store the personal data of applicants beyond the outlined duration if it is necessary for establishment, exercise or defence of legal claims.
As part of the establishment of the employment relationship, you must only provide personal data that is required for the commencement of an employment relationship or which we are legally obliged to collect. If you are required to provide us with personal data as a result of a legal or contractual obligation, we will point this out to you when collecting the data with reference to the respective obligation. If you do not make the respective data available to us, we may not be able to make a hiring decision and can no longer consider your application.
3. Disclosure and transfer of Personal data
The Company may disclose Personal Data processed for the purposes set forth in section 2 above to the following categories of recipients (all of them are engaged as so-called data processors which only process personal data under the control and on behalf of the Company; as data processors they will provide sufficient guarantees to implement appreciate technical and organizational and will provide their services based on a data processing agreement:
- Group entities within the Geely Group engaged for carrying out administrative tasks in connection with the application process for the Company (China, USA, UK, Malaysia)
- IT service provider that provides the human resources information system (HRIS) in use by the Company (EU, USA, China)
-
Only if prior consent was expressly given: Group entities within the Geely Group [e.g. Group Lotus (UK), Zhejiang Geely Holding Group (China)] for recruitment for positions within the Geely Group (China, USA, UK)
Such recipients may be located in countries inside or outside the EU/EEA. To ensure adequate protection of your Personal Data when transferred outside the EU/EEA, both the Company and the receiving companies have entered into personal data transfer agreements based on the Standard Contractual Clauses of the European Union or other adequate safeguards are applied. You can obtain from us a copy of the specific applicable or agreed provisions to ensure an adequate level of data protection. To do so, please use the information in the Contact section below.
The following is a list of the countries located outside EU/EEA, to which your Personal Data may be transferred:
4. Withdrawal of consent
You may, at any time, withdraw consents that you have given to the Company pertaining to any such processing of Personal data which is based on your consent. Please note that withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
You may withdraw your consent by contacting the Company on the contact details set forth below and state for which of the purposes of processing to which you consented you wish to withdraw your consent. The Company will cease to process your Personal data relating to the purposes for which your consent has been revoked and you will receive verification by the Company that your Personal data no longer will be processed for that purpose. Upon withdrawal of your consent, you may in certain situations be entitled to require erasure of your Personal data related to the purpose for which you have withdrawn your consent.
5. Your rights
You have the right to exercise your rights as a data subject. Such request should be lodged to the data protection officer at the Company (see contact details below).
5.1. Right to access
You are entitled to obtain a confirmation from the Company as to whether your Personal data are being processed by the Company and, if so, access to the Personal data and the following information:
i) the purposes of the processing;
ii)the categories of Personal data processed;
iii)the recipients of Personal data (in particular in countries outside EU/EEA);
iv) the envisaged time during which the Personal data will be processed;
v)information about the rights stated herein;
vi)information about the source from which the Personal data are collected; and
vii)the existence of automated decision-making, including profiling.
viii) information about the appropriate safeguards pursuant to Art. 46 GDPR where Personal data are transferred to countries outside EU/EEA
Moreover, you are entitled to receive a copy of your Personal data.
5.2.Right of rectification
The Company will take steps in accordance with the applicable legislation to keep your Personal data accurate, complete and up-to-date. If you identify that any Personal data related to you is inadequate, incomplete or incorrect, you are entitled to have the Personal data corrected.
5.3. Right to object
Right to object
If the processing of your Personal data is based on legitimate interests of the Company or of a third party (Art. 6 (1) (f) GDPR) or in the public interest (Art. 6 (1) (e) GDPR), you may, on grounds related to your particular situation, at any time object to the processing by contacting the Company on the contact details in the Contact section below. Insofar as we base the processing of your personal data on legitimate interests of the Company or a third party, we generally assume that we can demonstrate compelling legitimate grounds but will, of course, examine each individual case.
In the event of an objection, we will no longer process your personal data, unless
• we can demonstrate compelling legitimate grounds for the processing of these data that override your interests, rights and freedoms, or
• your personal data serves the establishment, exercise or defense of legal claims.
5.4.Right to erasure
You have the right to demand the immediate deletion or erasure of your personal data stored by the Company, if the legal requirements are satisfied.
This is the case, in particular, if
- your personal data is no longer needed for the purposes for which it was collected;
- the sole legal basis for processing such data was your consent, and you have withdrawn such consent;
- you have objected to processing on the legal grounds relating to your particular situation, and there are no overriding legitimate grounds for processing;
- your personal data were processed unlawfully; or
- your personal data must be erased in order to comply with legal requirements.
If we have transmitted your data to third parties, we will inform them about the erasure to the extent required by law.
Please note that your right to erasure is subject to certain limitations. For example, we may not and/or must not erase data that we are still required to retain due to statutory retention obligations. In addition, your right of erasure does not extend to data that we need in order to assert, exercise or defend against legal claims, or for which other grounds for continued storage exist.
5.5.Right to restriction
Under certain conditions, you have the right to request that processing be limited (i.e., the marking of stored personal data with the aim of limiting its processing in the future). The requirements are:
- The accuracy of your personal data is contested by you and the Company must verify the accuracy of the personal data;
- the processing is unlawful, but you oppose the erasure of the personal data and request the restriction of their use instead;
- The Company no longer needs the personal data for the purposes of processing, but you require the data to establish, exercise or defend your legal claims.
- You have objected to processing pending the verification of whether the legitimate grounds of the Company override your legitimate grounds.
Where processing has been restricted, such data will be marked accordingly and, with the exception of storage, will be processed only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest the EU or an EU Member State.
5.6. Right to data portability
When Personal data is processed on the basis of your consent or on the basis that the processing is necessary in order to perform under a contract with you, and provided that the Personal data have been provided by you, you are entitled to receive a copy of your Personal data in a common machine-readable format and have the right to transmit those data to another controller without hindrance from the Company. You also have the right to have the personal data transmitted directly from the Company to another controller where technically feasible, provided that such transmission does not adversely affect the rights and freedoms of others.
5.7. COMPLAINTS TO THE SUPERVISORY AUTHORITY
You are welcome to contact us with any enquiries and complaints that you may have regarding the processing of your Personal data. However, you also have the right to lodge complaints pertaining to the processing of your Personal data to the Data Protection Authority. The respective authority is:
The Commissioner for Data Protection and Freedom of Information of Hesse
Postfach 3163
65021 Wiesbaden
6. WEBSITE
If you are an applicate who applies for a position on our official website, you will also be able to find additional information on the data processing that takes place due to your visit to the website through the link www.gatd.eu/privacy-policy/.
7. CONTACT US
If you have any questions or concerns regarding the processing of your Personal data, please contact the Company on the contact details set forth below.
The data controller for Personal data is Geely Auto Technical (Deutschland) GmbH with the registration number of HRB: 98296.
Address: Am Prime Parc 2, D-65479 Raunheim
Telephone: +4961429523126
Email: gatd@geely.com
The Company’s data protection officer can be contacted on:
E-mail: dpo-geely@kinast.eu
