California Job Applicant Notice of Collection

This Notice of Collection for California Job Applicants (“Applicant Notice”) applies solely to all individuals that reside in the State of California who are job applicants (“Applicants”) of thyssenkrupp North America, LLC and certain of its US affiliates*. We adopt this Notice in light of the California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Privacy Rights Act of 2020 (“CPRA”) and any terms defined in the CCPA/CPRA have the same meaning when used in this Notice.

Information We Collect

We may collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Applicant or device (“Personal Information”)

Categories of Personal Information which are collected and disclosed

California law requires organizations to disclose whether certain categories of personal information are collected, “sold,” or disclosed for an organization’s “business purpose” (as those terms are defined under California law). We do not use third party cookies or similar tracking technologies that collect data over time and across different websites for purposes of targeted advertising with our staff. We do not “sell” or “share” personal information about staff members (as such terms are defined under California law). The following describes the categories of personal information we collect and to whom we disclose such information for business purposes. Please note, in addition to the recipients identified below, we may disclose any of the categories of personal information we collect with government entities, as may be needed to comply with law or prevent illegal activity, and with professional services organizations such as auditors and law firms.

Categories of Personal Information

Disclosures for a Business Purposes

Identifiers, such as real name, alias, postal address, unique personal identifier, online identifier, email address, account name, or other similar identifiers.

·       Affiliates or subsidiaries

·       Business partners

·       Internet service providers

·       Operating systems and platforms

·       Other Service Providers

Other identifying information, such as physical characteristics or description, date of birth and signature.

·       Affiliates or subsidiaries

·       Business partners

·       Other Service Providers

Financial information, such as banking details, tax information, payroll information, and withholdings.

·       Affiliates or subsidiaries

·       Business partners

·       Other Service Providers

Health and safety information, such as health conditions (if relevant to your employment), job restrictions, workplace illness and injury information, and health insurance policy information.

·       Affiliates or subsidiaries

·       Other Service Providers

Characteristics of protected classifications under California or federal law, such as age, race, color, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status to the extent disclosed by the staff member.

·       Affiliates or subsidiaries

·       Other Service Providers

Internet or other electronic network activity information, such as your search history, browsing history, login information, and IP addresses on company information systems and networks.

·       Affiliates or subsidiaries

·       Internet service providers

·       Operating systems and platforms

·       Other Service Providers

Geolocation data, such as time and physical location related to use of an internet website, application, device, or physical access to a company office location.

·       Affiliates or subsidiaries

·       Internet service providers

·       Other Service Providers

Sensory information, such as audio, electronic, visual, thermal, olfactory, or similar information. This may include call monitoring and video surveillance and in some cases COVID-19 or other public health related temperature checks.

·       Affiliates or subsidiaries

·       Other Service Providers

Professional or employment-related information, such as work history, academic and professional qualifications, educational records, references, interview notes, job title, position, hire dates, compensation, performance and disciplinary records, and vacation and sick leave records.

·       Affiliates or subsidiaries

·       Business partners

·       Other Service Providers

Inferences drawn from any of the information listed above, such as profile or summary about a staff member's preferences, characteristics, attitudes, intelligence, abilities, and aptitudes.

·       Affiliates or subsidiaries

·       Business partners

·       Other Service Providers

California Sensitive Information Disclosure. Some of the personal information we collect as described above is considered “sensitive personal information” under California law. We collect the following categories of sensitive personal information (as defined under California law): Social security, driver’s license, state identification card, or passport number; 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; Precise geolocation; Racial or ethnic origin, religious, or philosophical beliefs, or union membership; Contents of mail, email, and text messages sent to business addresses or devices; Biometric information for the purpose of uniquely identifying an individual; Information concerning health; and Information concerning sexual orientation. This information is collected in order to administer your relationship with us, including fulfilling any obligation that we have to provide you with compensation and/or benefits; determine eligibility for employment; conduct background checks (where permitted by applicable law); comply with applicable laws and regulations; create, maintain, and secure online employee accounts; business travel; manage and monitor employee access to Company facilities, equipment, and systems; investigate and enforce compliance with and potential breaches of the Company’s internal policies and procedures; and exercise or defend the legal rights of the Company and its employees and affiliates, customers, contractors, and agents.  Note that we do not use such information for any purposes that are not identified within the California Privacy Rights Act Section 1798.121. We do not “sell” or “share” sensitive personal information for purposes of cross-context behavioural advertising.

California Shine the Light. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing, please submit a written request to us using the information in the Contact Information section below.

thyssenkrupp North America obtains the categories of Personal Information listed above from the following categories of sources:

·         Directly from you. For example, from forms you complete or products and services you purchase (if any).

·         Indirectly from you. For example, from location-tracking enabled devices connected to thyssenkrupp North America assets you may use as part of the application process with thyssenkrupp North America.

·         From independent third parties related to your eligibility for employment, or our ongoing management of our business.

·         thyssenkrupp North America Workers, as part of thyssenkrupp North America’s management, evaluation, and hiring processes.

Use of Personal Information

We may process or disclose the Personal Information we collect for one or more of the following business purposes:

·         To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to apply for a job at thyssenkrupp.

·         To provide, support, personalize, and develop our application process.

·         To provide you with support and to respond to your inquiries.

·         To comply with legal obligations including the reporting requirements of the federal Equal Employment Opportunity Act, the federal Office of Contracting Compliance Programs (applicable to government contractors), and California’s Fair Employment and Housing Act, and the contractual requirements of Company clients.

·         To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

·         To protect the security of thyssenkrupp’s physical locations and information systems.

·         As described to you when collecting your Personal Information.   

·         Disclosures made in an effort to prevent or halt violations of thyssenkrupp policies, illegal activities, or as required by law.

·         Disclosures that we reasonably believe are necessary to defend against or prevent us from incurring liability to third parties.

·         To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

thyssenkrupp North America is part of an international group of companies where certain services are provided centralized by one or more affiliates for the entire group or a part of it. We, therefore, reserve the right to share personal information with our direct and indirect affiliates for all purposes described above. Whenever we share Personal Data with affiliates, we request from them that they commit themselves to process Personal Data in line with this Privacy Notice only.

We may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract. These third parties are “Service Providers” as defined by applicable law. We do not share Personal Information with any third parties, who are not Service Providers, where thyssenkrupp North America may receive a financial benefit from such sharing.

We may also disclose your Personal Information to another company as part of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets to that company; or where required by thyssenkrupp North America policy, law, or in response to valid legal process compelling disclosure.

How Long We Retain Your Personal Information

Except as otherwise permitted or required by applicable law or regulation, we endeavour to retain your personal information only for as long as necessary to fulfil the purposes for which it was collected, as required to satisfy any legal, accounting, or reporting obligations, or as necessary to resolve disputes. To determine the appropriate retention period for personal information, we consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, and the purposes for which we process your personal information. 

Your Rights

You have the right to make any of the following choices regarding your personal information:

·         Request access to and obtain a copy of the personal information we have about you, including information about how we process your personal information;

·         Request correction (or rectification) of any inaccurate or incomplete personal information we have about you;

·         Request erasure (or deletion) of your personal information, subject to certain limitations and exceptions;

Please note, not all these rights are absolute, and they do not apply in all circumstances. In some cases, we may limit or deny your request. This may occur because the law permits or requires us to do so. We will not discriminate against individuals who exercise their privacy rights under applicable law.

If you want to exercise any of the above rights, please contact us as indicated in the “Contact Information” section below. We do not discriminate against individuals that exercise state-conferred rights. Please note that in order to fulfil your request, we may need you to provide certain personal information to verify your identity. We may verify your identity in person, by phone call, or via email. We may also ask you to provide a signed and declaration confirming your identity.

You may designate an authorized agent to submit a request on your behalf to access, correct, or delete your personal information. To do so, you must (1) provide that authorized agent written, signed, and notarized permission to submit such request, and (2) verify your own identity directly with us.

If you are submitting a request on behalf of another person, please contact us through the information in the Contact Information section below. You must provide written and notarized proof that you have been authorized by the individual to act on his or her behalf.  The applicant can request reasonable reimbursement for the cost of such notarization.  Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized to submit such request.

Changes to Our Privacy Notice

thyssenkrupp North America reserves the right to amend this Applicant Notice at our discretion and at any time. You can see when this Applicant Notice was last updated by referring to the date at the end of this Applicant Notice. To the extent we make material changes, the Applicant Notice that was in place at the time you submitted personal information to us will generally govern that information.

Contact Information

If you have any questions about this Applicant Privacy Notice, would like additional information, or make a request to exercise any of your rights, please contact us at: recruitingservices@thyssenkrupp.com

*thyssenkrupp North America, LLC and certain of its US affiliates:

·         Berco of America, Inc.

·         thyssenkrupp Automotive Body Solutions NA, LLC

·         thyssenkrupp Automotive Systems of America, LLC

·         thyssenkrupp Automotive Technology NA, LLC

·         thyssenkrupp Bilstein of America, Inc.

·         thyssenkrupp Crankshaft Co., LLC

·         thyssenkrupp Dynamic Components Danville, LLC

·         thyssenkrupp Presta North America, LLC

·         thyssenkrupp System Engineering, Inc.

·         thyssenkrupp North America, LLC

·         thyssenkrupp Polysius North America, Inc.

·         thyssenkrupp rothe erde USA, Inc.

·         thyssenkrupp Uhde USA, LLC

·         thyssenkrupp Springs & Stabilizers NA, LLC

·         thyssenkrupp Logistics, Inc.

·         thyssenkrupp Materials, LLC

·         thyssenkrupp Materials NA, Inc.

·         thyssenkrupp Materials Trading NA, LLC

·         thyssenkrupp OnlineMetals, LLC

·         thyssenkrupp Supply Chain Services NA, Inc.