Cummins Talent Acquisition Privacy Statement and Consent

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Last Updated and Effective Date: December 13, 2022

Cummins Notice for Job Applicants

The purpose of this Notice for Job Applicants (“Notice”) is to inform individuals who inquire about and/or apply for employment ("Job Applicant(s)" or "you") with Cummins Inc., 500 Jackson Street Columbus, IN 47201 or another company in the Cummins Group ( “Cummins” or “we” or “us”) of the categories of Personal Information (as defined below) that we collect from Job Applicants, the purposes for which we use such Personal Information, and our retention periods for such information, and your data privacy rights. Cummins shall be the data controller for all the processing activities described in this Notice. If a Job Applicant fails to provide the requested Personal Information during the recruitment process might result in Cummins may not be able to assess your application and consider you for the position you are applying for.

For purposes of this Notice, “Personal Information” is information that relates to an identified or identifiable person. In addition, “Sensitive Personal Information” includes but is not limited to, the following categories of Personal Information: (1) a person’s social security, driver’s license, state identification card, or passport number; (2) a person’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (3) a person’s precise geolocation; (4) a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, or union membership; (5) religious, philosophical or political membership; (6) the contents of a person’s mail, email, and text messages unless the business is the intended recipient of the communication; (7) a person’s genetic data; (8) biometric information for the purpose of uniquely identifying a person; (9) Personal Information concerning a person’s health; (10) Personal Information concerning a person’s sex life or sexual orientation; and (11) Personal Information relating to criminal convictions and offences; and (12) as otherwise provided under applicable law.

Under certain jurisdictions, Personal Information and Sensitive Personal Information may not include de-identified, aggregated, combined, or anonymized information (which includes data that is not reasonably capable of identifying you or being linked to you) and may not include publicly available information from government records, information that is made available to the general public by you or from widely distributed media, or information you make available without restricting to a specific audience.

We may change this Notice from time to time. If we make changes, we will notify you by revising the date at the top of this Notice. We encourage you to review this Notice regularly to stay informed about our information practices and the choices available to you.

1. Personal Information Handling Practices

We may collect the following categories of Personal Information about you when you inquire about and/or apply for employment with us. We collect this Personal Information directly from you or from other sources, such as recruiters, background check providers, your former employers, information available about your through public sources and widely distributed media. We may collect and use such information for the purposes identified below, and we may retain such information as identified below.

Category of Personal Information	Retention Period	Purposes for Collection or Use of Personal Information
Personal Contact Information, such as name, home addresses, home telephone numbers, and personal email addresses	3 years (5 years for U.S. residents)	to determine your eligibility to work and suitability for certain jobs or benefits (to the extent permitted or required by law) to conduct equal opportunity and diversity monitoring (where permitted or required by law) to comply with applicable legal and regulatory requests and obligations (including investigations) to establish or defend legal claims and allegations for health and safety, including: to address our legal obligations in relation to health and safety in the work place to protect the health and safety of employees and third parties
Audio, electronic, visual or similar Information, such as if you participate in a video interview. Business Contact Information, such as name, job title, business addresses, business telephone numbers, and business email addresses
Job-related Information and Qualifications, such as education, awards, qualifications, certificates, licenses, professional memberships, compensation and salary information, time and attendance, and any other information you choose to provide in your resumes and/or applications
Results of Background Checks and Screening, such as education verification, driving license checks, and credit checks (where permitted by law)
References, such as opinions and comments of any previous employers
Salary Information, such as salary details and bonus payments

We may share this Personal Information in the following circumstances:

Our affiliates: We may disclose your Personal Information with other members of the Cummins Group to better facilitate the hiring process and identify additional employment opportunities within the company.
Other parties providing services on our behalf: We may disclose your Personal Information with other parties that perform functions on our behalf, such as service providers, processors, vendors, professional advisors, and other third parties who provide services to us, such as reference agencies, automated decision-making and profiling tools for recruitment, technical and IT, and cloud services.

Legal Disclosure: We may disclose your Personal Information with governmental, regulatory, enforcement or other public authorities to comply with a legal obligation, to address fraud or security issues, to respond to an emergency, or to otherwise protect our rights or property or security of third parties, visitors to our site, or the public.

Change of Ownership: We may disclose your Personal Information in connection with, or during negotiation of, any merger, sale of assets, financing, or acquisition of all or a portion of our business by another.

Consent: We may disclose your Personal Information with your consent and at your direction, as permissible under applicable law.

2. Sensitive Personal Information Collected from Job Applicants

We may collect the following categories of Sensitive Personal Information about you when you inquire about and/or apply for employment with us. We collect this Personal Information directly with you or from other sources, such as recruiters, background check providers, your former employers, information available about you through public sources and widely distributed media. We may collect and use such information for the purposes identifies below, and we may retain such information as identified below.

Category of Sensitive Personal Information	Retention Period	Purposes for Collection or Use of Sensitive Personal Information
National Identification Information, such as your country of birth or the country where you are a registered national or citizen, and any visa or other right to work, and social security, driver's license, state identification card, or passport number	3 years (5 years for U.S. residents)	to determine your eligibility to work and suitability for certain jobs or benefits (to the extent permitted or required by law) to conduct equal opportunity and diversity monitoring (where permitted or required by law) to comply with applicable legal and regulatory requests and obligations (including investigations) to establish or defend legal claims and allegations for health and safety, including: to address our legal obligations in relation to health and safety in the workplace to protect the health and safety of employees and third parties
Diversity Information, such as your ethnicity/race, disability status, veteran status, gender, and sex life or sexual orientation (unless prohibited by applicable law)
Financial Information, such as your bank account details, wage garnishment records (such as for child support obligations), and authorized deductions (unless prohibited by applicable law)
Health and Disability Records, such as information relating to any disability or health condition that is relevant to your job, including the results of any pre- or post-employment physical or screening examination, alcohol and/or drug testing (unless prohibited by applicable law)
Health and Safety Records, such as information relating to health and safety in the workplace, accidents, and near misses (unless prohibited by applicable law)
Health Screening Information, such as your temperature or responses to health screening questionnaires (unless prohibited by applicable law)
Results of Background Checks and Screening, such as criminal background checks (unless prohibited by applicable law)
Account Login, such as the account login credentials and password you create to apply for the position on our website.		Please note that where required by applicable law, we will only use your Sensitive Personal Information for certain limited purposes.

We may share Sensitive Personal Information in the following circumstances:

Our affiliates: We may disclose your Sensitive Personal Information with other members of the Cummins Group in an anonymized fashion for purposes of Cummins Diversity, Equity, and Inclusion initiatives.

Other parties providing services on our behalf: We may disclose your Sensitive Personal Information with other parties that perform functions on our behalf, such as service providers, processors, vendors, professional advisors, and other parties who provide services to us, such as reference agencies, automated decision-making and profiling tools for recruitment, technical and IT, and cloud services.

Legal Disclosure: We may disclose your Sensitive Personal Information with governmental, regulatory, enforcement, or other public authorities to comply with a legal obligation, to address fraud or security issues, to respond to an emergency, or to otherwise protect our right or property or security of third parties, visitors to our site, or the public.

Change of Ownership: We may disclose your Sensitive Personal Information in connection with, or during negotiations of, any merger, sale of assets, financing, or acquisition of all or a portion of our business by another company.

Consent: We may disclose your Sensitive Personal Information with your consent and at your direction, as permissible under applicable law.

Please note that because we only use Sensitive Personal Information for certain limited purposes, we do not offer a right to limit use and disclosure of Sensitive Personal Information right under California law.

3. No Selling or Sharing of Sensitive or Personal Information

We do not sell this Sensitive or Personal Information or share your Sensitive or Personal Information for cross-context behavioral advertising. We also do not knowingly share for cross-context behavioral advertising, sell, or disclose the Personal information of children under the age of 16. As such, we do not offer a right to opt-out of sale or sharing under California law. Please Contact Us if you have any questions.

4. Legal Basis for Processing Your Personal Information
In some jurisdictions (such as the EU and UK), Cummins has to identify the legal basis for processing your Personal Information. We will normally use your Personal Information in the following circumstances:

Where it is necessary for our legitimate interests (such as identifying the best candidate for the job and keeping records of the recruitment process, to better facilitate the hiring process and to identify additional employment opportunities within the company) or legitimate interests of a third party and your interests and fundamental rights do not override those interests
Where it is necessary to take steps, at your request, relating to potentially entering into an employment contract with you
Where you have given us your consent to process your Personal Information
Where we need to comply with our legal obligations.

We may also use your Personal Information in the following situations, which are likely to be rare:

Where we need to protect your interests (or someone else's interests)
Where it is needed in the public interest.

Some of the above grounds for processing will overlap and there may be several grounds that justify our use of your Personal Information.

Where the Personal Information we process about you involves Sensitive Personal Information and/or criminal offenses information (such as data relating to background checks), we will also comply with the additional requirements for processing such Sensitive Personal Information set out in the applicable law.

5. Updating Your Personal Information
We invite you to return to our careers website at any time to access your information, update it, or inform us about other qualifications that you would like us to consider. You may also ask us to withdraw your application if you no longer want to be considered for a position at Cummins. If so, we will withdraw your information and retain it in accordance with the retention periods noted above.

6. Your Individual Rights
In accordance with applicable laws and your jurisdiction, you may have the following rights subject to some limitation:

(1) Right to Know and Access. You have the right to know and access the Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you.
(2) Right to Data Portability. You have the right to receive the information under right (1) in a format, to the extent technically feasible, that is portable, usable, and allows you to transmit the personal information to a person without impediment, where the processing is carried out by automated means.
(3) Right to Delete/Erasure. You have the right to request us to delete or erase the Personal Information we have collected about you.
(4) Right to Correct or Amend. You have the right to request us to correct or amend inaccurate Personal Information we maintain about you.
(5) Right to Opt-Out of Profiling. You have the right to access and opt-out rights with respect to our use of automated decision-making technologies, including profiling.
(6) Right to Restrict or Object. You have the right to restrict or object to our processing.
(7) Right to Withdraw Consent. Where Cummins relies on your consent to process your Personal Information, you have the right to withdraw your consent at any time.
(8) Right to No Discrimination. You have the right not to be discriminated against for exercising any of your privacy rights. This includes us not: (a) denying you goods or services; (b) charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (c) providing you a different level or quality of goods or services; (d) suggesting to you that you will receive a different price or rate for goods or services or a different level or quality of goods or services; and (e) retaliating against you for exercising your privacy rights.

You may exercise your privacy rights by calling our toll-free phone number at 1-800-CUMMINS or emailing us at dataprivacy@cummins.com. In some instances, we will need to verify your identity before honoring your privacy right request. We will verify your identity by asking you to provide Personal Data we maintain about you for human resources functions. If you are entitled to the rights above, we will honor your request within the time permitted by applicable privacy laws.

You may exercise your privacy rights through an authorized agent. If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please contact us at dataprivacy@cummins.com.

7. Transfer of Your Personal Information
Cummins is a global organization. As such, some of your Personal Information may be transferred to or be accessible by the following parties who may be located outside of the country in which you reside:

other members of the Cummins Group, including but not limited to Talent Acquisition, Human Resources, and related hiring managers for the purposes of facilitating a smooth, fair and transparent recruiting and hiring process.
our service providers that support our talent acquisition technology stack for the purposes of facilitating a smooth, fair and transparent recruiting and hiring process.

Some of those countries may have different privacy and data security standards than your country, and some may not guarantee the same level of protection. Your personal information may be stored electronically as well as in offline files in those countries. Regardless of where Cummins receives or holds your information, we will comply with the applicable laws and take measures to protect your information.
If you would like further information about what measures we take to protect your Personal Information when transferring it outside the country where you reside, please Contact Us.

8. Protection of Your Personal Information
Cummins takes all practicable steps, including the implementation of technical and physical security measures, to ensure that all Personal Information held by us is kept secure and safe against any loss or unauthorized disclosure, use, and modification. However, please note that the networks on which your Personal Information may be stored or transmitted may not be 100% secure. Therefore, we are unable to guarantee the absolute security of your Personal Information.

9. Summary of Our Prior 12-Month Personal Information Handling Practices
We provide in the chart below a summary of our prior 12-month Personal Information handling practices based on the California Privacy Rights Act’s categories of Personal Information. You can learn more about the information we collect at or before the point of collection in Sections 1 and 2 above, which is similar to our prior 12-month Personal Information handling practices.

Category of Personal Information	Sources	Business or Commercial Purpose of Processing and Disclosure and Recipients of Personal Information
Identifiers, such as name, Internet Protocol address, address, telephone number, email address, social security number, driver’s license number, passport number, or other similar identifiers.	You or from other sources, such as recruiters, background check providers, your former employers, information available about you through public sources and widely distributed media.	Sold We have not sold this category of Personal Information. Shared We have not shared this category of Personal Information for cross-context behavioral advertising. Service Providers or Contractors We may have disclosed this category of Personal Information with service providers or contractors that help us with our human resources and recruitment functions, such as recruiting and reference agencies, automated decision-making and profiling tools for recruitment, background check providers, technical and IT, and cloud services. Purpose of Processing We may have also processed, used or disclosed this category of Personal Information for the reasons described in Sections 1 and 2 above.
Any Personal Information described in the California Customer Records Act (Cal. Civ. Code § 1798.80(e), such as name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, and medical information.
Characteristics of protected classifications under California or federal law.
Geolocation data, such as your address.
Audio, electronic, visual or similar information, such as if you participate in a video interview.
Professional or employment-related information.
Education information.
Inferences, such as the inferences we may draw from the information we collect reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes, as these relate to the recruitment and job application process.
Sensitive Personal Information, such social security, driver’s license, state identification card, or passport number; account login or financial information; race or ethnic origin; health data; and sex life or sexual orientation.

10. Contact Us
If you have any questions about this Notice or wish to request this Notice in another format, please contact legal.function@cummins.com.