Privacy Notice Candidates

We want to ensure you understand what information Boralex Inc. and its affiliates, which includes Boralex Ltd and Boralex Energie France (“we”, “us”, “our”, “Company”), collect about you during our recruitment process, how we will use it and for what purpose. We are also required by data protection legislation to explain certain matters to you.

As part of our recruitment process, we will collect, store and process personal information about you. 

This personal information includes:
- Name, date of birth, address, contact details, gender, marital status, bank account details;
- Identity and background information, including immigration status and visa information;
- Academic record and qualifications;
- Recruitment and employment history including information about your previous remuneration;
- Assessment and selection information such as test results and interview and evaluative notes)
- Background screening information;
- Data concerning physical and/or mental health including dietary requirements, disability such as access requirements and any neurodiversity;
- CCTV images, videography and audio for example when you visit our building for interview, when we control such CCTV;
- Building access control logs;
- Criminal offence data;
- Any other information you have provided to us voluntarily including in your application, curriculum vitae or interview.

We may collect personal information about you from any of the following sources:

- Directly from you;
- Internal sources;
- Third parties including referees and recruitment agencies;
- Publicly available registers; and
- Social media.

We need to use your personal information in connection with your engagement with us. The reasons for using your personal information include:

- To process your application;
- To determine your suitability for the relevant role;
- To obtain and verify your employment references and employment history;
- To conduct background checks (including criminal records checks where applicable);
- To verify and vet information including checking your right to work in the Europe;
- To analyse recruitment against objectives;
- To develop and collect feedback on recruitment activities and employee selection processes;
- To make informed and fair recruitment decisions;
- To maintain appropriate records of our recruitment process.
- For legal and regulatory compliance and responsibilities including managing and administering our equal opportunities reporting and any Company equality/ diversity initiative;
- To facilitate communication;
- To pay/administer reimbursable expenses;
- For recruitment planning;
- Where it is necessary for the establishment, exercise or defence of legal claims;
- For crime prevention, security and public safety; and
- For the purposes of fire or incident management including the safety of individuals.

Generally, we will only use your personal information for the purposes for which we collected it. If, over time, we consider that we have a different purpose we will ensure the reason is compatible with the original purpose and where appropriate and/or permitted, seek your consent to any new or changed processing.

Our legal basis for collecting and processing your personal information is as follows:

- Where we obtain your consent, as may be required in specific circumstances;
- Where necessary to comply with a legal obligation such as where employment or other laws require the processing of your personal information (for example the monitoring of equal opportunity and diversity); 
- Where we have a legitimate interest in doing so which outweighs your interests including:the attraction, selection, evaluation and appointment of new employees; the management and administration of the talent acquisition process; identifying or keeping under review the existence or absence of equality of opportunity or treatment between candidates, or for maintaining diversity in the racial and ethnic origins of individuals who hold
senior positions in the Company; the assessment of your working capacity and/or ability as a potential employee in relation to a particular
job or role; the facilitation of communication with us and any third party; the management of security of premises occupied/owned by the Company; the management of operations; the management, planning and growth of our business; the management of risk for us; and for the establishment, exercise or defence of legal claims. 
- Where it is necessary in order to take steps, at your request, prior to potentially entering into a contract of employment with you; 
- Where applicable, vital interests. For example, where we need to prevent or suspend danger to the life, body and/or health of a person; and//or
- Where applicable, where we need to comply with a duty to take action for public benefit or exercise state power conferred on us. 
 

If you do not provide personal information then, depending on the purpose for which the data is required, we may be unable to comply with our legal or contractual obligations. This may mean we may not be able to provide you with contractual or legal entitlements and may in certain situations not be able to continue with your application and/or enter into a contract of employment and/or any other applicable engagement with you. Where information is not mandatory, we will make this clear, for instance we will explain if any data fields in our application or candidate survey processes are optional and can be left blank.

For the purposes set out above, we may disclose your personal information internally or to third parties. This is so that we can run our business, comply with laws and rules that apply to us, where it is necessary to administer the terms of your employment or your engagement with us, or where we have another legitimate interest in doing so.

The types of groups or organisations that we may share your personal information with are set out below : 
- Internally and within the group of companies:
- With certain third parties such as companies that provide platforms or assessment tools to select the best candidates or recruitment firms or vetting agencies or referees.

The Company is part of a global organisation and to ensure the provision of effective and efficient services and communication throughout the group, we may need to transfer your personal information outside the United Kingdom (UK) or the European Economic Area (EEA).

We only send your personal information outside the UK or the EEA to:
- Follow your instructions;
- Comply with a legal duty; or
- Work with our group companies, suppliers and service providers that are based outside the UK or the EEA.

If any of our processing activities require your personal information to be transferred outside the UK or the EEA to one of our suppliers, service providers or Group companies, we will implement one of the following safeguards (accompanied by a transfer risk assessment):

- Transfers to a non-UK country or non-EEA country that has been deemed to provide an adequate level of protection for personal information under UK data protection law or the European Commission. The UK has published a list of “adequacy regulations” including countries within the EEA and some countries outside of the EEA. (see the ICO’s guidance on international transfers for a list of countries deemed adequate and European Commission: Adequacy of the protection of personal information in non-EU countries (as applicable)); or
- Put in place a contract with the recipient that means they must protect it to the equivalent standards as the UK or the EEA, including Standard contractual clauses for data transfers between EU and non-EU countries; the UK Information Commissioner’s International Data Transfer Agreement / Addendum and any other appropriate safeguard in place from time to time.

We will only retain your personal information for as long as is necessary to fulfil the purposes we collected it for. 

If your application is unsuccessful:
- Your personal information will be retained for six months for UK candidates and two years for other European candidates after we have notified you of our decision, in case there is any dispute in connection with your application; and 
- We will ask you if you would like us to retain your personal information in case any suitable alternative vacancies arise in the future. If you agree to us doing so, you are free to withdraw that consent at any time.

If your application is successful, you will be sent a new privacy notice that will explain how we process your personal
information as an employee. 

We may also convert your personal information into statistical or aggregated form to better protect your privacy, or so that you are not identified or identifiable from it. In some circumstances we may anonymise your personal information so that it can no longer be associated with you. Anonymised data cannot be linked back to you and therefore the data protection laws does not apply. We may use it to conduct research and analysis, including to produce statistical research and reports. Where we anonymise your personal information so that it can no longer be associated with you, we may use such information without further notice to you.

We do not make automated decisions using this information.

You have certain rights in relation to your personal information as summarised here. For more information on your rights see the contact details at the bottom of this notice:

- Right to be informed – you have the right to be provided with clear, transparent and easily understandable information about how we use your personal information and your rights; this is why we are providing you with this privacy notice; 
- Right of access – you have the right to obtain a copy of your personal information relating to you and other supplementary information; 
- Right to rectification – you are entitled to have your information corrected if it is inaccurate or incomplete. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes;
- Right to erasure – where we hold information about you that is inaccurate or incomplete, you have the right to ask us to delete or remove it;
- Right to restrict processing – you have the right to restrict some processing of your personal information, which means that you can ask us to limit what we do with it;
- Right to object to processing – you can object to us processing your personal information in certain circumstances, including where we are using it for the purpose of the Company’s legitimate business interests; 
- Right to data portability – you have the right to receive your personal information in a structured, commonly used and machine-readable format and to request that this data is transmitted to another party/controller where this is technically feasible. This right only applies to personal information you have directly provided to us (not any other information); 
- Right to withdraw consent – where you have given your consent to us for the processing of any personal information, you have the right to withdraw your consent at any time (although this does not mean that any processing of personal information carried out by us with your consent up to that point is unlawful); 
- Right to object to automated decision making – you have the right not to be subject to automated decision making where this has legal or other significant consequences for you except where you have explicitly consented or where it is necessary for entering into or performing a contract with you; 
- Right to complain – depending on your country of residence, you are able to submit a complaint to the Information Commissioner’s Office or the French Data Protection Authority (CNIL) about any matter concerning your personal information, using the details below. However, we take our obligations seriously, so if you have any questions or concerns, we would encourage you to raise them with us first, so that we can try to resolve
them.

Information Commissioner’s Office
Wycliffe house
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel 0303 123 1113
Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk/make-a-complaint

CNIL
3 Commission nationale de l'informatique et des libertés
3 Place de Fontenoy
75007 Paris
France
Tel +33 (0)1 53 73 22 13
CNIL website: https://www.cnil.fr/en

To exercise your rights, raise any complaints or to contact us with any questions regarding the processing of your personal information, please contact privacyofficer@boralex.com.

We reserve the right to modify and/or update this privacy notice at any time. We may modify this notice to ensure it is accurate and up to date and to reflect changes in the law, the practice of the competent data protection authority, business needs and any new activity involving personal information processing. We will notify you when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.