Tekion Privacy Policy

Introduction

Tekion Services and You

How We Collect Your Information

How Long Is Your Personal Information Retained?

What Information Do We Collect?

How We Use Your Information

Sharing and Disclosure

Location of Data

Your Choices

Security

Children's Information

Your California Privacy Rights

Effective Date and Changes to this Privacy Policy

Contacting Tekion

Politique de confidentialité de Tekion

Introduction

Les services de Tekion et Vous

Comment nous recueillons vos informations

Combien de temps vos informations personnelles sont-elles conservées?

Quelles informations recueillons-nous?

Comment nous utilisons vos informations

Partage et divulgation

Localisation des données

Vos choix

Sécurité

Informations pour les enfants

Vos droits de confidentialité en Californie

Date d’entrée en vigueur et modifications de la présente politique de confidentialité

Contacter Tekion

Applicant and Candidate Privacy Notice

Purpose.

At Tekion, we are building the next-generation automotive retail experience founded on transparency and trust. This begins with empowering you. This Applicant Privacy Notice (the “Notice”) explains how Tekion Corp and its affiliates and subsidiaries (“Tekion” or “we” or “us”) collect, use, store, and otherwise process personal data relating to job applicants (“you”) globally as part of our recruitment process, including when you access or use our careers website. Where applicable, we have indicated deviations from this Notice to comply with local regulations.

This Notice does not cover your use of any third-party websites and applications that you may use, including those to which we link in our websites, or your use of Tekion’s products or services as a customer (for more information, please read our website Privacy Notice). You should review the terms and policies for third-party websites and applications before clicking on any links.

See SCHEDULE 1 for a full list of all Tekion entities that handle employee Personal Information.

Collection, Use, and Disclosure of Personal Information.

For the purposes of this Notice, Personal Information is any information about you that, either by itself or in conjunction with other information, can be used to identify you (“Personal Information”).

We may collect this information in variety of ways. For example, data may be contained in application forms or CV’s (including when these are sent to us as part of speculative applications or queries), obtained from your passport or other identity documents, or collected through interviews or other methods of assessment.

We may also collect personal data about you from third parties, such as references supplied by former employers.

Data will be stored on various IT infrastructures, including on your application record, in our HR management systems and our email system.

1. What Personal Information Do We Collect?

   We collect and maintain different types of Personal Information that we require to manage our relationship with you. The Personal Information that we collect and maintain may begin at the point at which you apply to work with us.

   Personal Information that We collect from You:

   • Your identifiers. This includes your name, date of birth, and contact information such as telephone number, email address, postal address. video images, photograph, beneficiary and emergency contact details, and other similar contact data. If you are a family member of an employee, former employee, contractor or contingent worker, we may collect this information from the relevant individual to whom you are related;
   • Demographic information. This includes your age, income, martial/civil partnership status, gender, and military service;
   • Professional or employment-related information. This includes your CV, application form, references supplied by your former employer, performance related data and assessments, personal references and contact details, and other similar contact data;
   • Educational information. This includes your educational history, academic degrees, qualifications, certifications, and skills;
   • Information required for background checks. This includes criminal record checks (where permitted by local law), prior employment verification, credit history, and other information revealed including your information available on social media platforms;
   • Right to work information. This includes citizenship, work permit, visa application information, passport, social security number and other similar right to work data;
   • Sensitive personal information. This includes information requiring special handling related to gender, racial and ethnic origin, national origin, veteran status, and health and medical information such as disability status or vaccine status, where we have acquired your consent and collection of such data is allowed by applicable law;
   • On-premise monitoring. To the extent permitted by local law, we monitor our workplaces through video-monitoring (e.g., closed-circuit television) and badge scans to ensure the safety of our employees and to prevent theft of Tekion assets and information. Such monitoring may capture your image and voice data when you visit a Tekion facility or office;
   • Internet or other electronic network activity information. This includes information you submit through applications or software made available to you, information collected from you when you connect a device to our networks such as IP address, or communications sent to us or through our applications, and your telephone communications with customers via company devices or systems only for certain customer-facing roles; and
   • Other Information. Any other information that you voluntarily provide directly to us in connection with your application for employment including that which you provide via webform, during an interview, or as other forms of assessment as part of your application process.

   Please note that the above list represents the types of Personal Information that we may collect from you and does not mean that we will collect all this information from you. Personal Information does not include anonymous or non-personal information (i.e., information that cannot be associated with or tracked back to a specific individual).

   Personal Information We Collect from Other Sources:

   We may utilize the services of third parties in our business and may receive Personal Information collected by those third parties during the performance of their services for us. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your Personal Information to us. This includes employment screening agencies, background check agencies, recruiting agencies, service providers, former employers and/or schools and educational institutions, publicly available information on websites and social media, and other third parties where they are legally allowed to share your Personal Information with us.

   • Referred to Us. This includes individuals who may refer you to us and provide your personal information, such as your contact details and resume, to us.
   • Combining Personal Information. We may combine the personal information we receive from various sources with Personal Information we collect from you and use it as described in this Notice.
   • Video Recording. We may use videoconferencing and video recording as part of our interview process. You will be notified by through our videoconference tools prior to recording, and such recordings will be securely stored and deleted as soon as they are no longer needed to process your application.
   • Without Your Consent. Where permitted or required by applicable law or regulatory Requirements, we may also collect your Personal Information without your knowledge or consent, though this will be limited only to circumstances where it is necessary to achieve our business purposes or where required by law.
2. How Do We Use Your Personal Information?

   We use and disclose your Personal Information for our business purposes, including establishing, maintaining, or terminating your employment with Tekion. Such uses include:

   • Determining eligibility for initial employment, including the verification of references and qualifications, and background checks where permitted by law;
   • Administering pay and benefits, including remitting income tax and reporting income on tax slips;
   • Establishing training and/or development requirements;
   • Conducting performance reviews and determining performance requirements;
   • Assessing qualifications for a particular job or task;
   • Establishing an emergency contact point in the event of an emergency;
   • Complying with applicable labor or employment laws;
   • Internal analytics, including analysis used to promote workplace diversity;
   • Compiling workplace directories;
   • Ensuring the security of company-held information;
   • Other purposes as are reasonably required by Tekion in connection with your application for employment; and
   • For any additional purposes that we advise you of and for which we have a legal basis, including with your consent when such consent is required by law.
3. When Do We Share Your Personal Information?

   We may share your Personal Information with our employees, contractors, consultants, and other parties, including other Tekion entities, who require such information to assist us with establishing, managing or terminating our applicant or employment relationship with you.

   In some instances, such parties may provide information technology and data processing services to us, such as applicant screening tools, applicant management software, payroll, and benefit administration services, so that we may operate our business. When we share Personal Information with such parties, we require that they include contractual provisions that safeguard your Personal Information to at least the same standard that we use to protect such information.

   Additionally, we may share Personal Information with such parties both in and outside of your home jurisdiction. As result, your Personal Information may be collected, used, processed, stored or disclosed in Canada, France, Germany, the United Kingdom, the United States of America, India, and in some cases, other countries. Personal Information is only transferred by us to another country, including within Tekion entities, if (i) this is required or permitted under the applicable privacy legislation, (ii) only to extent necessary to carry out our business purposes or legal obligations, (iii) only to individuals who have a need-to-know this information and who are contractually obligated to safeguard your information to the same level that we use to protect your information, and (iv) only so far as a reasonable level of data protection is assured in the recipient country. The attached Schedules 2 through 6 outline additional privacy practices of your Personal Information for Canada, France, Germany, and the United Kingdom. Please note, however, that your Personal Information may still be subject to access by law enforcement agencies according to the laws of the jurisdictions in which the information is stored. In the event of a change in ownership of, or a grant of a security interest in, all or a part of Tekion through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations that safeguard your Personal Information to at least the same standard that we use to protect employee information.

4. When Your Personal Information May Be Disclosed.

   We may disclose your Personal Information for the following reasons:

   • As permitted or required by applicable law or regulatory requirements. In such a case, we will endeavor to not disclose more Personal Information than is required under the circumstances;
   • To comply with valid legal processes such as search warrants, subpoenas or court orders;
   • As part of Tekion’s regular reporting activities to another subsidiary or affiliate of Tekion (including outside of your home jurisdiction);
   • To protect the rights and property of Tekion;
   • During emergency situations or where necessary to protect the safety of a person or group of persons;
   • Where the Personal Information is publicly available; or
   • With your consent where such consent is required by law.

   If you need further information concerning the lawful basis on which we collect, use, store, or otherwise process your Personal Information, please contact us at privacy@tekion.com.

   We do not sell Personal Information subject to this Notice to third parties.

5. Lawful Basis for Processing Your Personal Information.

   Tekion typically collects or uses Personal Information from you or others where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where applicable, where we have obtained your consent to process your Personal Information for a specific purpose. Depending on the jurisdiction you reside in, there may be other applicable lawful reasons for processing your personal information that are not listed within this Notice. For instance, we may have a legal obligation to collect or retain Personal Information or need the Personal Information to protect your vital interests or those of another individual.

   Where your consent is required for our collection, use, or disclosure of your Personal Information, you may, at any time, subject to legal or contractual restrictions and reasonable notice, withdraw your consent. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Data Privacy Officer at privacy@tekion.com.

6. How Is Your Personal Information Protected?

   Tekion maintains physical, technical and procedural safeguards that are appropriate to the sensitivity of the Personal Information in question. These safeguards are designed to protect your Personal Information from loss and unauthorized access, copying, use, modification or disclosure.

   Despite these safeguards, no method of transmission over the Internet or data storage is fully secure. If we are required by law to inform you of a breach to your Personal Information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

7. How Long Is Your Personal Information Retained?

   Except as otherwise permitted or required by applicable law or regulatory requirements, Tekion retains your Personal Information only for as long as it reasonably believes is necessary to fulfill the purposes for which the Personal Information was collected (including, for meeting any legal, accounting or other reporting requirements or obligations, resolving a dispute, making and defending legal claims, or any other legitimate business purpose). We may de-identify Personal Information by combining or removing pieces of information to prevent identification of any individual. This Notice does not apply to information that has been anonymized under applicable data protection law.

8. Accessing, Updating, and Deleting Your Personal Information

   Your Privacy Rights

   Laws in certain jurisdictions may provide individuals with rights relating to personal data, such as those listed below. Tekion will honor these rights to the extent required by law. To exercise any of these rights, please contact us at privacy@tekion.com.

   • You can access the Personal Information that we hold about you, including details of why we are processing it.
   • You can correct Personal Information about you that is inaccurate or incomplete.
   • In certain situations, you can ask that we delete your Personal Information, object to, restrict the use of Your Personal Information, or export Your Personal Information to another entity or person.
   • You have a right to withdraw consent at any time. This will not affect the lawfulness of processing prior to the withdrawal of your consent. At any time, you can request that we stop using Your Personal Information for recruiting purposes.
   • We are committed to resolving valid complaints about your privacy and our collection, use, storage, or other processing of your Personal Information. You have a right to raise a complaint with your local data protection authority at any time if you are unsatisfied with our response to your complaint.

   We may ask you to provide additional information to validate your identity if you or your authorized agent exercises your privacy rights. The information that we collect will be limited only for verification and only to the extent that we need to confirm your identity or your agent’s authority to act on your behalf.

   Please note that where the Personal Information that you are requesting is contained in systems to which you have access, we may direct you to those systems so that you may access your Personal Information at your convenience.

9. Supplemental Privacy Disclosures for Job Applicants and/or Candidates in Certain Countries:

   If you reside in Canada, France, Germany, United Kingdom, or India, the below applicable Schedules also apply to the processing of your Personal Information under this Notice. To the extent there is a conflict between the country-specific language in each Schedule and this Notice, the applicable Schedule shall control to the extent of that conflict.

   Schedule 2: Canada

   Schedule 3: France

   Schedule 4: Germany

   Schedule 5: United Kingdom

   Schedule 6: India

   Please note that in the event you are approved during the recruitment and hiring process, the processing of your Personal Information shall be controlled by Tekion’s Employee Privacy Policy. In case of a conflict between this document and Tekion’s Employee Privacy Policy, the Employee Privacy Policy shall prevail.

10. Revisions to this Notice

    We may from time to time make changes to this Notice to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your Personal Information. We will communicate any revised version of this Notice. Any changes to this Notice will be effective from the time the changes are communicated, except for any changes where your consent is required before we can collect, use, share, store or disclose your Personal Information. In those circumstances, the changes will be effective once we have obtained your consent to such change. This Notice was last reviewed as of the Effective Date set forth below.

11. Interpretation of this Notice

    Any interpretation associated with this Notice will be made by the Data Privacy Officer. This Notice includes examples but is not intended to be restricted in its application to such examples. Accordingly, where the word “including” is used, it shall mean “including without limitation.”

    This Notice does not create or confer upon any individual any rights or impose upon Tekion any rights or obligations outside of, or in addition to, any rights or obligations imposed by applicable privacy laws. Should there be any inconsistency between this Notice and any applicable privacy laws, this Notice shall be interpreted in way that complies with those privacy laws.

Schedule 1: Tekion Entities

• Tekion Corp
• Tekion Canada ULC
• Tekion France SAS
• Tekion Germany GmbH
• Tekion UK Limited
• Tekion India Private Limited

Schedule 2: Canada

Supplemental Privacy Disclosures for Job Applicants and/or Candidates in Canada

Purpose. For job applicants and/or candidates located in Canada, the controller is Tekion Canada ULC located at Tekion Canada ULC, 1600-925 Georgie Street West, Vancouver, BC V603L2.

Access to Your Personal Information and Deletion of Your Personal Information if you are Quebec, British Columbia, and Alberta-Based Applicants Only

• You can request access to and rectification or deletion of Personal Information that we hold about you.
• To make such a request, please contact our Data Privacy Officer using the contact information set out below. Please note that any such communication must be in writing.
• Your right to access, rectify, or delete the Personal Information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse your request. In addition, the Personal Information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.
• If we cannot provide you with access to, or rectification or deletion of your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

We will not discriminate against you for exercising any of your rights described in this Policy.

If you have any questions or requests about updating your Personal Information, questions about this Notice, or how we manage your Personal Information, please contact us at HR_North_America@tekion.com or privacy@tekion.com.

If you are unsatisfied with our response to your complaint or if you have questions about your privacy rights in Canada, you have a right to raise questions or complaints through The Office of the Privacy Commissioner of Canada (OPC). The OPC can help individuals and organizations identify, address and report concerns related to possible mishandling of personal information. There are numerous ways to connect with the OPC through https://www.priv.gc.ca/en/report-a-concern/, by phone at Toll-free: 1-800-282-1376 or Phone: (819) 994-5444, or mail to Office of the Privacy Commissioner of Canada, 30, Victoria Street, Gatineau, Quebec, K1A 1H3.

Schedule 3: France

Supplemental Privacy Disclosures for Job Applicants and/or Candidates in France

Purpose. For job applicants and/or candidates located in France, the controller is Tekion France SAS located at 78 Boulevard De La Reine CS 90958 Versailles Cedex France. 78035.

Your Privacy Rights. You may exercise the privacy rights provided in Section 8 subject to any limitations under applicable law.

If you are unsatisfied with our response to a complaint, you have a right to raise questions or complaints with the French supervisory authority (Commission Nationale de l’Informatique et des Libertés – “CNIL”) at any time. You can contact this authority by sending a letter to the CNIL at 3 Place de Fontenoy, 75007 Paris, France, or by phone at +33 1 53 73 22 22.

If you have any questions or requests about updating your Personal Information, questions about this Notice, or how we manage your Personal Information, please contact us at HR_EMEA@tekion.com or privacy@tekion.com.

Schedule 4: Germany

Supplemental Privacy Disclosures for Job Applicants and/or Candidates in Germany

Purpose: For job applicants and/or candidates located in Germany, the controller is Tekion Germany GmbH located at Preilmayerstrabe 3, 80335 München, Germany.

Your Privacy Rights. You may exercise the privacy rights provided in Section 8 subject to any limitations under applicable law.

If you have any questions or requests about updating your Personal Information, questions about this Notice, or how we manage your Personal Information, please contact us at HR_EMEA@tekion.com or privacy@tekion.com.

If you are unsatisfied with our response to a complaint, you have a right to raise questions or complaints with the Hessee DPA (Hessisischer Beauftragter für Datenschutz und Informationsfreiheit) at https://datenschutz.hessen.de/, by Telephone +49 611 1408 – 0, or at The Hessian Commissioner for Data Protection and Freedom of Information, PO Box 3163, 65021 Wiesbaden (Der Hessische Beauftragte für Datenschutz und Informationsfreiheit, Postfach 3163, 65021 Wiesbaden).

Schedule 5: United Kingdom

Supplemental Privacy Disclosures for Job Applicants and/or Candidates in United Kingdom

Purpose: For job applicants and/or candidates located in the United Kingdom, the controller is Tekion UK Limited located at 5 New Street Square, London, United Kingdom EC4A 3TW.

Your Privacy Rights. You may exercise the privacy rights provided in Section 8 subject to any limitations under applicable law.

If you have a general complaint about how we are processing your personal data, you can make a complaint under our Data Protection Complaints Procedure or contact HR_EMEA@tekion.com.

If you think Tekion is processing your data unlawfully, or you also have the right to lodge a complaint with the Information Commissioner’s Office, which is the UK data protection regulator. More information can be found on the Information Commissioner’s Office website at https://ico.org.uk/

Schedule 6: India

Supplemental Privacy Disclosures for Job Applicants and/or Candidates in India

Purpose: For job applicants and/or candidates located in India, the controller is Tekion India Private Limited located at XPC5+MPC, Bagamane Solarium City, 3rdn& 4th floors, Neon Building, Kundalahalli Colony, Brookefield, Bengaluru, Karnataka 560037, India.

If you have any questions or requests about updating your Personal Information, questions about this Notice, or how we manage your Personal Information, please contact us at hr_india@tekion.com or privacy@tekion.com.

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Data Processing Agreement

1. DEFINITIONS
   1. "Approved Country" means a country, such as the countries within the European Economic Area, that has a data localization requirement requiring that Personal Data must either remain within that country's territory or satisfy certain requirements before the Personal Data can be transferred to a third country.
   2. "California Personal Information" means Personal Data that is subject to the protection of the CCPA and the California Privacy Rights Act ("CPRA").
   3. "Consumer", "Business", "Sell" and"Service Provider" will have the meanings given to them in the CCPA and CPRA.
   4. "Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
   5. "Data Protection Laws" means all worldwide laws and regulations relating to the processing or protection of Personal Information applicable to Us or You, including, but not limited to, European Data Protection Laws, PIPEDA, Lei Geral de Proteção de Dados (Brazil's General Data Protection Law), §314.4 of the Gramm Leach Bliley Act ("GLBA") Standards for Safeguarding Customer Information (16 C.F.R. § 314), and U.S. state privacy laws, including the California Consumer Privacy Act and the California Privacy Rights Act (collectively, "CCPA"), Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Utah Consumer Privacy Act, the Connecticut Personal Data Privacy and Online Monitoring Act, Indiana Consumer Data Protection Act, Iowa Consumer Data Protection Act, the Tennessee Information Protection Act, and any rules or regulations promulgated under the foregoing.
   6. "Data Subject" means the individual to whom Personal Data relates.
   7. "Data Subject Requests" has the meaning given to it in Section 4.1 of this DPA.
   8. "Europe" means the European Union, the European Economic Area and/or their member states, Switzerland and the United Kingdom.
   9. "European Data" means Personal Data that is subject to the protection of European Data Protection Laws.
   10. "European Data Protection Laws" means data protection laws applicable in Europe, including, but not limited to: (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) ("EU GDPR"); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; and (iii) applicable national implementations of (i) and (ii); or (iii) the UK Data Protection Act 2018 ("UK GDPR); and (iv) Swiss Federal Data Protection Act on 19 June 1992 and its Ordinance ("Swiss DPA"); in each case, as may be amended, superseded or replaced.
   11. "Instructions" means the written, documented instructions issued by a Controller to a Processor or Processor to Sub-Processor, and directing the same to perform a specific or general action with regard to Personal Data (including, but not limited to, depersonalizing, blocking, deletion, making available).
   12. "Personal Data Breach" means any actual or reasonably suspected unauthorized, accidental or unlawful access to, or misuse, encrypting or ransoming, compromise, disclosure, acquisition, destruction, loss, or alteration of Personal Data transmitted, stored or otherwise Processed by Us or Our Sub-Processors in connection with this Agreement. "Personal Data Breach" does not include unsuccessful attempts or activities that do not compromise the confidentiality, security, integrity, or availability of Personal Data, such as unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked system.
   13. "Personal Data" means information about an individual that (a) can be used to identify, contact, or locate that specific individual; (b) can be combined with other information that can be used to identify, contact or locate a specific individual; or (c) is defined as personal data or personal information under applicable Data Protection Laws.
   14. "Processing" means any operation or set of operations which is performed on Personal Data, encompassing the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction or erasure of Personal Data. The terms"Process","Processes" and "Processed" will be construed accordingly.
   15. "Processor" means a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller.
   16. "Restricted Transfer" means: (i) where the EU GDPR applies, a transfer of personal data from the European Economic Area to a country outside of the European Economic Area which is not subject to an adequacy determination by the European Commission; and (ii) where the UK GDPR applies, a transfer of personal data from the United Kingdom to any other country which is not subject based on adequacy regulations pursuant to Section 17A of the United Kingdom Data Protection Act 2018; and (iii) where Swiss Data Protection Legislation applies, a transfer of personal data from Switzerland to any other country which is not subject to an adequacy determination by the Swiss Federal Data Protection and Information Commissioner.
   17. "Security Measures" means the technical and organizational measures to protect Personal Data from Personal Data Breaches described in Schedule 2 of this DPA.
   18. "Standard Contractual Clauses" mmeans (i) the standard contractual clauses between controllers and processors (Module 2) adopted by European Commission in its Implementing Decision (EU) 2021/91 of 4 June 2021 and currently located at: https://commission.europa.eu/publications/standard-contractual-clauses-international-transfers_en (the "EU SCCs"); and (ii) where the UK GDPR applies, the applicable standard data protection clauses for processors adopted pursuant to Article 46(2)(c) or (d) of the UK GDPR ("UK SCCs")
   19. "Sub-Processor" means any Processor engaged by Us or Our affiliates to assist in fulfilling Our obligations with respect to the Agreement. Sub-Processors may include third parties or Our affiliates but will exclude any of Our employees or consultants.
2. Your Obligations
   1. Compliance with Laws. Within the scope of the Agreement and in Your use of the Services, You will be responsible for complying with all requirements that apply to You under applicable Data Protection Laws with respect to Your Processing of Personal Data and the Instructions that You issue to Us. In particular, You acknowledge and agree that You will be solely responsible for: (i) the accuracy, quality, and legality of Your Data and any Personal Data that is contained therein; (ii) complying with all necessary transparency and lawfulness requirements under applicable Data Protection Laws for the collection and use of the Personal Data, including obtaining any necessary consents and authorizations (particularly for use by You for marketing purposes); (iii) ensuring that You have the right to transfer or provide access to the Personal Data to Us for Processing in accordance with the Agreement (including this DPA); (iv) ensuring that Your Instructions to Us regarding the Processing of Personal Data comply with applicable Laws, including Data Protection Laws; and (v) complying with all Laws (including Data Protection Laws) applicable to any emails, texts, and other electronic communication as well as any other content created, sent or managed through the Services, including those relating to obtaining consents (where required) to send electronic communications, and the format and content of such communications.
   2. Your Instructions. The parties agree that the Agreement (including this DPA), together with Your use of the Services in accordance with the Agreement, constitute Your complete and final instructions to Us regarding the Processing of Personal Data, and any additional instructions outside of the scope of the Instructions shall require prior written agreement between Us and You.
3. Tekion Obligations
   1. Compliance with Instructions. We will only Process Personal Data for the purposes described in this DPA or as otherwise agreed within the scope of Your lawful Instructions, except where and to the extent otherwise required by applicable Law. We are not responsible for compliance with any Data Protection Laws applicable only to You or Your industry that are not generally applicable to Us.
   2. Conflict of Laws. If We become aware that We cannot Process Personal Data in accordance with Your Instructions due to a legal requirement under any applicable Law, We will (i) promptly notify You of that legal requirement to the extent permitted by the applicable Law; and (ii) where necessary, cease all Processing (other than merely storing and maintaining the security of the affected Personal Data) until such time You issue new Instructions. If this provision is invoked, We will not be liable to You under the Agreement for any failure to perform the applicable Services until You issue new lawful Instructions with regarding to the Processing. However, any amounts payable under the Agreement shall be equitably adjusted such that You are not required to pay any amounts for Services that You are not receiving.
   3. Security. We will implement and maintain appropriate technical and organizational measures to protect Personal Data from Personal Data Breaches as described in Schedule 2 of this DPA. Notwithstanding any provision to the contrary, We may modify or update the Security Measures at our discretion provided that such modification or update does not result in a material degradation in the protection offered by the Security Measures.
   4. Confidentiality. We will ensure that any personnel whom We authorize to Process Personal Data on Our behalf is subject to appropriate confidentiality obligations by contract unless such personnel is covered by an appropriate statutory obligation of confidentiality and complies with the terms of this DPA with respect to Processing of Personal Data.
   5. Personal Data Breaches. We will notify You without undue delay, and in any case within seventy-two (72) hours of becoming aware of a Personal Data Breach, and will provide timely information relating to the Personal Data Breach as it becomes known or reasonably requested by You. Such notification shall at a minimum: (i) describe the nature of the Personal Data Breach, including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned; (ii) communicate the name and contact details of the data protection officer or other contact point where more information can be obtained; (iii) describe the likely consequences of the Personal Data Breach; and (iv) describe the measures taken or proposed to be taken by Us to address the Personal Data Breach, including, where appropriate, measures to mitigate its possible adverse effects. We shall take prompt steps to remedy the Personal Data Breach and mitigate, to the extent commercially practicable, any harmful effects, and shall take commercially reasonable steps to ensure that Our Sub-Processors co-operate with You and take such reasonable steps as are directed by You to assist in any subsequent investigation, litigation, provision of notices, and mitigation and remediation of each such Personal Data Breach. We shall not notify any third parties of a Personal Data Breach affecting the Personal Data unless and to the extent that: (a) You have agreed to such notification, and/or (b) notification is required to be made by Us under applicable Data Protection Laws.
   6. Deletion or Return of Personal Data. We will delete or return all Data, including Personal Data (including copies thereof) Processed pursuant to this DPA, promptly upon request or within one hundred eighty (180) days of termination or expiration of the Agreement. This requirement shall not apply to the extent We are required by applicable law to retain some or all the Data, or to Data that We have archived on back-up systems, which We will securely isolate and protect from any further Processing.
   7. Sub-processors. You provide a general prior authorization for Us to engage Sub-Processors in order to provide the Services. The Sub-Processors currently engaged by Us are listed at https://tekion.com/privacy/subprocessor-list (or such other URL as may be updated from time to time) ("Sub-Processor Site"). We will remain responsible for any acts or omissions of any Sub-Processor that cause Us to breach any of Our obligations under this DPA.
      1. We will make available the Sub-Processor Site and provide You with a mechanism to obtain notice of any updates to the Sub-Processor Site at least ten (10) days prior to authorizing any new Sub-Processor to process Your Data. We will provide notice to you by updating the Sub-Processor Site.
      2. Tekion will enter into a written agreement with each Sub-Processor imposing data protection obligations that are at least as protective of Data as the measures provided in this DPA or applicable Data Protection Laws (to the extent applicable to the services provided by the Sub-Processor).
      3. Where required by applicable Data Protection Law:
         1. If You reasonably object to the Processing of Personal Data by one or more Sub-Processors, then You shall notify Us in writing (including e-mail) within fifteen (15) Business Days after receipt of Our notice.
         2. In the event You reasonably object to a Sub-Processor, We shall as soon as is reasonably practicable take reasonably necessary steps to evaluate, investigate and address Your concerns, including conducting further due diligence of the Sub-Processor if necessary, and provide You with a report detailing the actions taken to correct or mitigate such concerns and/or a remediation plan. If the parties cannot mutually agree on the plan to mitigate the concerns, We may identify an alternative preferred Sub-Processor, and the parties shall meet in good faith to determine the feasibility of Our engaging such Sub-Processor to provide the Services, the timeframe required to source and deploy the Sub-Processor, and any resulting additional fees which may be applicable. If the parties are unable to agree on a mutually acceptable resolution, You may terminate the relevant affected portion(s) of the Services without liability (but without prejudice to any fees incurred by You prior to suspension or termination) as Your sole remedy. Upon termination by You pursuant to this Section, We will refund You any prepaid fees for the termination Services that were provided after the effective date of termination.
4. Data Subject Requests
   1. The Service provides You with several controls that You can use to retrieve, correct, delete or restrict Personal Data, which You can use to assist You in connection with Your obligations under Data Protection Laws, including Your obligations relating to responding to requests from Data Subjects to exercise their rights under applicable Data Protection Laws ("Data Subject Requests").

      To the extent that You are unable to independently address a Data Subject Request through the Service, then upon Your written request, we will provide reasonable assistance to You to respond to any Data Subject Requests or requests from data protection authorities relating to the Processing of Personal Data under the Agreement.

   2. If a Data Subject Request or other communication regarding the Processing of Personal Data under the Agreement is made directly to Us, We will promptly inform You and will advise the Data Subject to submit their request to You. You will be solely responsible for responding substantively to any such Data Subject Requests or communications involving Personal Data.
5. Data Transfers
   1. General Authorization. You acknowledge and agree that We may transfer and process Your Data in any country in which We and Our authorized Sub-Processors maintain data processing operations, including in the United States and India, to provide the Services. Any transfer from one territorial jurisdiction to another territorial jurisdiction will only be undertaken in compliance with the applicable Data Protection Laws, such as the execution of an additional data transfer addendum, as required.
6. Additional Provisions for European Data
   1. Scope of Section 6. This section shall apply only with respect to European Data.
   2. Roles of the Parties. When Processing European Data in accordance with Your Instructions, the parties acknowledge and agree that You are the Controller of European Data and We are the Processor.
   3. Data Protection Impact Assessments and Consultation with Supervisory Authorities. We will provide reasonable assistance to You with any data protection impact assessments and prior consultations with supervisory authorities or other competent data privacy authorities.
   4. Demonstration of Compliance. We will make all information reasonably necessary to demonstrate compliance with this DPA available to You and allow for and contribute to audits, including inspections by You, no more than once a calendar year during regular business hours with reasonable advance notice to Us to assess compliance with this DPA. Any such audit is subject to Our reasonable confidentiality procedures, and You are responsible for all costs and fees related to such audit, including all reasonable costs and fees (including Our time spent) that We incur for the audit. Upon request, We will supply (on a confidential basis) a summary copy of its penetration testing report(s) to You so that You can verify Our compliance with this DPA. Further, at Your written request, We will provide written responses (on a confidential basis) to all reasonable requests for information made by You necessary to confirm Our compliance with this DPA, provided that You will not exercise this right more than once per calendar year. You acknowledge that the Services are hosted by Our data center partners who maintain independently validated security programs (including SOC 2 and ISO 27001) and that Our systems are regularly tested by independent third-party penetration testing firms.
   5. Data Transfers. When the transfer of Personal Data from You (or any of Your Affiliates) to Us is a Restricted Transfer, then the Standard Contractual Clauses shall be deemed incorporated into this Agreement as follows:
      1. Where the EU SCCs apply:
         1. (i) In Clause 7, the optional docking clause will apply; (ii) in Clause 9 of Module Two, Option 2 will apply and the time period for prior notice of Sub-Processor changes is identified in Section 3.7.1 of this DPA; (iii) in Clause 11, the optional language will not apply; (iv) in Clause 17, Option 1 will apply, and the EU SCCs will be governed by Irish law; (v) in Clause 18(b), disputes shall be resolved before the courts of Ireland; (xi) Annex I shall be deemed completed with the information set out in Schedule 1 (Scope of Processing); and (vii) Annex II shall be deemed completed with the information set out in Schedule 2 of this DPA (Security Measures) (as applicable).
      2. Where the UK SCCs apply:
         1. the EU SCCs as implemented under sub-paragraph (A) above will apply with the following modifications: (i) references to "Directive 95/46/EC" or "Regulation (EU) 2016/679" are interpreted as references to the UK GDPR or the Swiss DPA (as applicable); (ii) references to specific Articles of "Regulation (EU) 2016/679" are replaced with the equivalent article or section of the UK GDPR or Swiss DPA (as applicable); (iii) references to "EU", "Union" and "Member State" are replaced with "UK" and "Switzerland" (as applicable); (iv) Clause 13(a) and Part C of Annex II are not used and references to the "competent supervisory authority" and "competent courts" shall be interpreted as references to the "Information Commissioner" and the "courts of England and Wales" or the "Swiss Federal Data Protection and Information Commissioner" and the "relevant courts of Switzerland" (as applicable); (v) in Clause 17, the EU SCCs are governed by the laws of England and Wales or Switzerland (as applicable); and (vi) in Clause 18(b), disputes will be resolved before the courts of England and Wales or Switzerland (as applicable).
      3. The rights and obligations afforded by Standard Contractual Clauses will be exercised in accordance with this DPA, unless stated otherwise. It is not the intention of either party to contradict or restrict any of the provisions set forth in the Standard Contractual Clauses and, accordingly, if and to the extent the Standard Contractual Clauses conflict with any provision of the Agreement (including this DPA) the Standard Contractual Clauses shall prevail to the extent of such conflict.
      4. To the extent that We adopt an alternative data export mechanism (including any new version of or successor to the Standard Contractual Clauses adopted pursuant to applicable Data Protection Laws) for the transfer of Personal Data ("Alternative Transfer Mechanism"), the Alternative Transfer Mechanism shall apply instead of any applicable transfer mechanism described in this DPA (but only to the extent such Alternative Transfer Mechanism complies with Data Protection Laws applicable to Europe and extends to territories to which Personal Data is transferred).
   6. Notification of Government Requests. For the purposes of Clause 15(1)(a) of the EU SCCs, We shall notify You and not the data subject(s) in case of government access requests. You shall be solely responsible for promptly notifying the data subject, as necessary.
7. Additional Provisions for California Personal Information
   1. Scope of Section 7. This section of the DPA will apply only with respect to California Personal Information.
   2. Roles of the Parties. When processing California Personal Information in accordance with Our Instructions, the parties acknowledge and agree that You are a Business and We are a Service Provider for the purposes of the CCPA.
   3. Tekion Responsibilities. Tekion will not collect, use, retain, disclose, share, sell, or otherwise make California Personal Information available for Our own commercial purposes or in a way that does not comply with the CCPA. If applicable law requires Us to disclose California Personal Information for a purpose unrelated to providing the Services or Your Instructions, We will notify You of the legal requirement and give You an opportunity to object or challenge the requirement, unless the law prohibits such notice.
   4. Tekion Warranty and Certification. We certify that We understand this DPA and the CCPA's restrictions and prohibitions on selling California Personal Information and retaining, using, or disclosing California Personal Information outside of the parties' direct business relationship, and We will comply with them. We warrant that We have no reason to believe any CCPA requirements or restrictions prevent Us from providing any of the Services or otherwise performing Our obligations under this DPA.
8. General Provisions
   1. Aggregate and Anonymized Data. Notwithstanding the foregoing and anything to the contrary in the Agreement (including this DPA), You acknowledge that We shall have a right to process Data for the purposes of creating anonymized, aggregate and/or de-identified information for Our own legitimate business purposes, including where You have requested a Service that includes the provision of benchmarking reports, compiling anonymized benchmarking reports and statistics. To the extent Tekion is contractually permitted by You to receive, create, and/or use Deidentified Data, Tekion shall (i) take reasonable steps to ensure that the Deidentified Data cannot be associated with either a person or a household; (ii) maintain and use the data only in a deidentified form; (iii) not attempt to re-identify any Deidentified Data; and (iv) to the extent that You permit Tekion to provide any Deidentified Data to a related party or third party, require such recipient of Deidentified Data to comply with the requirements of this Section 8.1.
   2. Amendments Notwithstanding anything else to the contrary in the Agreement and subject to section 12.15 of the Agreement, We reserve the right to make any updates and changes to this DPA that are required by applicable Data Protection Law at any time on not less than 30 days' notice to You.
   3. Severability. If any individual provisions of this DPA are determined to be invalid or unenforceable, the validity and enforceability of the other provisions of this DPA will not be affected.
   4. Limitation of Liability. The limitations and exclusions of liability and indemnity obligations in the Agreement apply to each party under this DPA.
   5. Governing Law. This DPA will be governed by and construed in accordance with the choice of law provision in the Agreement unless otherwise required by applicable Data Protection Laws or as indicated in the Standard Contractual Clauses.

California Consumer Rights Act (CCPA): Metric Disclosure

We are committed to helping our users exercise their rights under the CCPA. In accordance with the CPRA requirements, we have published the following metrics to provide transparency into the privacy rights requests that we receive and how we handled those requests.

The following disclosure covers rights requests made by consumers that were received in 2022 pursuant to the CCPA.

Opt-Out of Sale and/or Sharing of Personal Information: As noted in our privacy policy, Tekion is a service provider to its customers, and we do not sell or share personal information to third parties as those terms are defined by the CCPA. Our commitment to not share or sell personal information from our customers is reflected in our Data Processing Addendum, which is part of our customer agreements.

As a service provider to our customers, we only use personal information to provide, secure, support, and improve our products and services for our customers (e.g., providing our dealer management system).

For more information on Tekion’s commitment to privacy and information about the data Tekion collects and controls, please visit our Trust Portal.