This Privacy Policy for California Residents (“California Policy” or “Document”) applies solely to people who reside in the State of California (“Consumers”). We adopt this California Policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws applicable to the processing of Personal Information carried out by the Company.

This Document describes CNH Industrial America LLC and its subsidiaries and Fiat Powertrain Technologies of North America, Inc. (“we”, “us”, “our”, or the “Company”) online and offline practices regarding the collection, use, disclosure, and sale of Personal Information and Consumers’ rights under the CCPA and explains how to exercise them.


1. DEFINITIONS
Personal Information: Any information that identifies or can be used to identify and anyhow any information that relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a Consumer or household. Personal information does not include publicly available information from government records, deidentified or aggregated consumer information or personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FRCA”), the Gramm-Leach-Bliley Act (“GLBA”) or California Financial Information Privacy Act (“FIPA”), and the Driver’s Privacy Protection Act of 1994 (“DPPA”).

Personal Information includes, but is not limited to, the following:

a. Identifiers: such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

b. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): such as a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

c. Protected classification characteristics under California or federal law: such as age (40 years or older), race, color, ancestry, 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, genetic information (including familial genetic information).

d. Commercial information: such as Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

e. Biometric information: such as genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

f. Internet or other similar network activity: such as browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

g. Geolocation data: such as physical location or movements.

h. Sensory data: such as audio, electronic, visual, thermal, olfactory, or similar information. i. Professional or employment-related information: such as current or past job history or performance evaluations.

j. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)): such as education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

k. Inferences drawn from other personal information: such as profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Consumer: A natural person who is a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, as that section read on September 1, 2017, however identified, including by any unique identifier.

Any other terms used in this Privacy Policy have the same meaning as defined in the CCPA or other privacy laws.


2. COLLECTION, SOURCES AND USE OF PERSONAL INFORMATION
Within the last twelve (12) months and with reference to our business purposes we have collected and used the following categories of Personal Information about Consumers:
 

Consumer Category	Personal Information	Business purposes	Source of Personal Information
Customers	Identifiers Personal information categories listed in the California Customer Records statute Commercial information Internet or other similar network activity Geolocation data	Provision of information: to provide consumer information about our products, services and sales Lead management: establish, maintain and improve our relationship with customers and improve the quality of our products and services; contact customers for market research Marketing and Advertising: send customers commercial information and newsletters as well as advertising information about our products and services. For the same business purposes, customers’ personal information may be disclosed to the Company’s subsidiaries and affiliates Customer Care and User Support Services (help desk): satisfy customers’ request by providing information about our products, services, sales network and to give them assistance on our products and services Warranty management: to open and manage warranty on vehicle or product Development and improvement of products and services: to testing, research, analysis, and product development and demonstration, including to develop and improve our website, products, and services Use of our portal and our application: to give the customer the access to the tools and to let customer’s experience theirs features Ensuring asset and information security: maintain the safety, security, quality, and integrity of our website, databases and other technology assets, including to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity, and to debug to identify and repair errors that impair existing intended functionality	Directly from the consumer Dealers
Potential Customer	Identifiers Personal information categories listed in the California Customer Records statute Internet or other similar network activity	Provision of information: to provide potential customer information about our products, services and sales Lead management: establish, maintain and improve our relationship with customer and potential customer and improve the quality of our products and services Ensuring asset and information security: maintain the safety, security, quality, and integrity of our website, databases and other technology assets, including to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity, and to debug to identify and repair errors that impair existing intended functionality	Directly from the potential customer Dealers
Dealers / Dealers’ Personnel	Identifiers Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Protected classification characteristics under California or federal law Internet or other similar network activity	Execution of the activities related to Agreements between us and our Dealer, Importer or Distributor Complying with legal and regulatory obligations Managing access to and security of our tools, systems, assets, data, infrastructures and facilities, delivering training initiatives, organizing company events, delivering company communications, allowing audit activities and litigation management, protecting our and the CNH Industrial Group rights or property, exercising our rights before judicial authorities Ensuring asset and information security: maintain the safety, security, quality, and integrity of our website, databases and other technology assets, including to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity, and to debug to identify and repair errors that impair existing intended functionality	Directly from the dealers’ personnel Dealers
Employees / Trainees	Identifiers Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Protected classification characteristics under California or federal law Professional or employment-related information	Complying with legal and regulatory obligations Entering into and perform the employment contract, including but not limited to: compensation; benefits (including pension and retirement benefits where applicable); organization and execution of activities related to the role; travel management; international mobility; career and talent development; training and development Managing access to and security of our tools, systems, assets, data, infrastructures and facilities, deliver training initiatives, organize company events, deliver company communications, allow audit activities and litigation management, protect our and the CNH Industrial Group rights or property, exercise our rights before judicial authorities.	Directly from the employee Third party (such as former employers, interim agencies, recruitment agencies and head hunters, criminal background check agencies, etc.) Public records
Candidates	Identifiers Professional or employment-related information	Evaluating and assessing candidates’ profile for present and/or future openings in the Company	Directly from the candidate Third party (such as former employers, interim agencies, recruitment agencies and head hunters, social media, etc.) Public records
Agency Workers	Identifiers Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Protected classification characteristics under California or federal law Professional or employment-related information	Complying with legal and regulatory obligations Fulfilment of  the Company obligations deriving from the contract with the Agency Company in order to give execution to the benefits the Agency Worker is entitled to Organizing and executing the activities related to the Agency Worker role, managing business travels, manage access to and security of our tools, systems, assets, data, infrastructures and facilities, delivering training initiatives, organizing company events, delivering company communications, allowing audit activities and litigation management, protecting our and the CNH Industrial Group rights or property, exercising our rights before judicial authorities	Directly from the Agency Worker Third party (such as the employer of the Agency Worker) Public records
Relatives of employees	Identifiers Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Protected classification characteristics under California or federal law	Complying with legal and regulatory obligations Ensuring timely and effective communication in case of emergency of employees’ family member; increasing social and cultural binding with employees and their family; ensuring employees’ satisfaction and engagement with the community (e.g. organizing and managing corporate events, recreational and cultural activities)	Directly from the candidate Company Employees
Visitors	Identifiers Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Professional or employment-related information	Authorizing the visit permits and manage visitors’ access to the Company sites, plants, offices	Directly from the visitor
Suppliers’ Personnel	Identifiers Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Professional or employment-related information Internet or other similar network activity	Maintaining a Master List of approved Suppliers with which the companies of CNH Industrial Group can conduct business Conducting negotiations for the provisioning of goods or services Allowing the execution of the activities related to agreements between us and our Supplier and to establish, maintain and improve our business relationship with our Supplier Complying with legal and regulatory obligations Managing access to and security of our tools, systems, assets, data, infrastructures and facilities, delivering training initiatives, organizing company events, delivering company communications, allowing audit activities and litigation management, protect our and the CNH Industrial Group rights or property, exercising our rights before judicial authorities	Directly from the Suppliers’ Personnel Third party (such as the employer of the Suppliers’ Personnel) Public records

3. SELL AND DISCLOSURE OF PERSONAL INFORMATION

3.1 The Company does not sell Consumers’ Personal Information and has not sold their Personal Information in the preceding 12 months. If in the future, the Company anticipates selling Consumers’ Personal Information to any party, it will provide Consumers with the opt-out and opt-in rights required by the CCPA.

3.2 We are part of the CNH Industrial Group, a global leader in the capital goods sector. Personal Information may be disclosed, shared and communicated to subsidiaries and affiliates of the CNH Industrial Group, trusted external parties, service providers, authorized dealers and distributors and business partners worldwide, which are under specific contractual obligation and may use it solely for the fulfillment of the purposes listed above. Personal Information may be communicated to third parties also to comply with legal obligations, to operate and maintain our and the CNH Industrial Group security, protect our and the CNH Industrial Group rights or property, to respond to order of Public Authorities or to exercise our rights before judicial authorities. In the preceding twelve (12) months, the Company has disclosed the following categories of Personal Information for a business purpose:

• Subsidiaries and affiliates of the CNH Industrial Group: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Protected classification characteristics under California or federal law, Commercial information, Internet or other similar network activity, Geolocation data, Professional or employment-related information, Inferences drawn from other personal information
• Public institutions: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Protected classification characteristics under California or federal law
• Sale Network: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Commercial information
• IT Providers: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Internet or other similar network activity
• External consultants: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Internet or other similar network activity, Professional or employment-related information
• Marketing and events agencies: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Travel Agencies: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Protected classification characteristics under California or federal law
• Payroll providers: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Professional or employment-related information
• Medical Care Companies: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Protected classification characteristics under California or federal law, Professional or employment-related information
• Insurance Companies and Pension Funds: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Protected classification characteristics under California or federal law, Professional or employment-related information
• Training Providers: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Professional or employment-related information
• Credit card Companies: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Company car providers: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Shipping and Logistic agencies: Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

4. CALIFORNIA CONSUMER’S RIGHTS REGARDING PERSONAL INFORMATION

The CCPA provides Consumers with specific rights regarding their Personal Information. This section describes such rights and explains how to exercise them.

a. Right to Request Deletion of Personal Information

Consumer has the right to request that Company deletes any of their Personal Information that Company collected and retained, subject to certain exceptions. Once Company receives and confirms a Consumer request, Company will delete Consumer Personal Information from its records and direct its service providers, if applicable, to delete Consumer Personal Information from their records, unless an exception below applies. Company may deny deletion request if retaining the information is necessary for us or our service provider(s) to:

1) Complete the transaction for which we collected the personal information, provide a good or service that consumer requested, take actions reasonably anticipated within the context of our ongoing business relationship with consumer, or otherwise perform our contract with consumer.
2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 
3) Debug products to identify and repair errors that impair existing intended functionality.
4) Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5) Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.).
6) Enable solely internal uses that are reasonably aligned with consumer expectations based on relationship with us.
7) Comply with a legal obligation.
8) Make other internal and lawful uses of that information that are compatible with the context in which consumer provided it.

b. Access to Specific Information and Data Portability Rights

Consumer has the right to request that we disclose certain information about our collection and use of consumer personal information over the past 12 months. Once we receive and confirm a consumer request we will disclose to consumer:

1) The categories of collected personal information
2) The categories of sources for the personal information we collected about consumer.
3) Our business or commercial purpose for collecting that personal information.
4) The categories of third parties with whom we share that personal information.
5) The specific pieces of personal information we collected (also called a data portability request).
6) If we sold or disclosed personal information for a business purpose, two separate lists disclosing: (i) sales, identifying the personal information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

c. Exercising Consumer Rights

Consumer may exercise the abovementioned rights by submitting a verifiable request to us by:

• Filling the online form available here;
• Writing an email to privacy-compliance@cnhind.com; or
• Calling us at the following toll-free numbers: 877-422-7344 (preferred contact for Case IH Consumers); 866-639-4563 (preferred contact for New Holland Consumers); 866-542-2736 (preferred contact for Case CE Consumers).

Only a specific Consumer, or a person registered with the California Secretary of State that Consumer authorizes to act on their behalf, may make a verifiable Consumer request related to their Personal Information. Consumer may also make a verifiable consumer request on behalf of their minor child. The Company is not obligated to provide information to a Consumer pursuant to a verifiable consumer request for access or data portability more than twice (2x) within a twelve (12) month period. The verifiable Consumer request must:

• provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an Authorized Agent. Before completing your request to exercise the below, we will verify that the request came from you by matching at least two of the Personal Information provided by the Consumer with the personal information already maintained by the Company, which the Company has determined to be reliable for the purpose of verifying the Consumer.
• describe request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We are unable to fulfill Consumers’ request or provide them with Personal Information if we cannot verify their identity or authority to make the request and confirm the Personal Information relates to a specific Consumer. With few exceptions, we will only fulfill a request from Consumer’s Authorized Agent if (a) Consumer grants the Authorized Agent written permission to make a request on their behalf, (b) Consumer or the Authorized Agent provides us notice of that written permission, and (c) we are able to verify Consumer’s identity in connection with that notice and the request. Making a verifiable consumer request does not require the Consumer to create an account with us. However, we do consider requests made through a Consumer’s password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

d. Response Timing and Format

We endeavor to respond to a verifiable Consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform Consumer of the reason and extension period in writing.

If Consumer has an account with us, we will deliver our written response to that account. If not, we will deliver our written response by mail or electronically. Any disclosures we provide will only cover the 12-month period preceding the verifiable Consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide Consumer Personal Information that is readily useable and should allow Consumer to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell Consumer why we made that decision and provide Consumer with a cost estimate before completing request.

e. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against consumer for exercising any of their rights. Unless permitted by applicable laws, we will not: (a) Deny goods or services; (b) Charge different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) Provide a different level or quality of goods or services; and (d) Suggest that consumer may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer consumer certain financial incentives that are permitted and may result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to consumer personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires consumer prior opt in consent, which they may revoke at any time.



5. UPDATES TO THIS CALIFORNIA POLICY

This California Policy was updated on December 2019. The information included in this Document will be reviewed and updated at least every twelve (12) months.
When we make changes to this Privacy Policy, we will post the updated Privacy Policy on our website.



6. CONTACT INFORMATION

If Consumers have any questions or comments about this Privacy Policy, the ways in which the Company collects, uses and discloses their Personal Information, as well as about their rights under CCPA and how to exercise those rights, we can be contacted at our corporate office in 6900 Veterans Boulevard, Burr Ridge, IL or at privacy-compliance@cnhind.com.