1. Introduction

This PepsiCo Candidate Privacy Notice and Consent Letter for Processing Personal Information (“Privacy Notice” or “Notice”) is intended to advise you of the practices of PepsiCo (in this Notice, the term of “PepsiCo” or “We” collectively refers to PepsiCo Group’ entities in China that are listed in the end of this Notice as the joint processors) with respect to its processing of your personal in-formation in connection with your job application. The processing of personal information includes the collection, storage, use, transmission, sharing, public disclosure, and deletion of personal infor-mation. It also applies to third parties personally related to you (e.g. your family members) whose personal information you provide to us, e.g. emergency contacts, names of dependents, etc. Please ensure that you obtain consent from any such third parties whose personal information you provide to us.

This Privacy Notice may be updated from time to time to reflect changes in our personal infor-mation practices and we will notify you of any significant changes by posting a prominent notice on our official website, official accounts on WeChat or by other means as we deem fit and obtain your consent again where necessary. If your job application is successful, you will receive a separate pri-vacy notice from us explaining how we process the personal information of our employees.

Please be advised that PepsiCo has the right to process your personal information based on alterna-tive legal bases without your consent, which includes without limitation concluding a contract, ful-filling a legal obligation, or other circumstances as provided by laws and administrative regulations. Under no circumstance, should the issuance of this Notice be construed as a waiver of PepsiCo’s foregoing right.

Your decision to provide PepsiCo with your personal information is voluntary, and no disadvanta-geous treatment shall be imposed even if you choose not to. However, if you do not provide us with your personal information, we may not be able to achieve some of the processing purposes outlined in this Notice, such as make decisions about whether to hire you, communicate with you about the recruitment process, etc.

2. Personal Information We Will Process

We may process certain types of your personal information as listed below. The types of information listed below may change depending on our recruitment needs.

1. identification details, which may include name, email, phone numbers, address, language(s) spoken, gender, date of birth, national identification number, citizenship, passport data, next of kin, emergency contact information, photograph, country from which you interact with us, and signature;
2. employment background, education history, academic and professional qualifications, lan-guage and other relevant skills, certification, certification expiration dates, data on your pro-fessional interests and preferences;
3. results of your test assignments;
4. notes, feedback, and analysis about you from those taking part on our behalf in the inter-views with you and other stages of your recruitment process (including analysis by our em-ployees, recruitment agents and consultants);
5. references and other information obtained about you from persons you indicate as your ref-erees, subject to your permission;
6. any information relevant to your skills and suitability for the role you applied for, such as your profile on LinkedIn.com (to the extent allowed by your LinkedIn.com privacy settings);
7. health/medical information revealed in onboard health checkup, including height, weight, blood type, test results, medical history, etc.

Those types of information highlighted in the bold type belong to sensitive personal information. We do not anticipate that the processing of your sensitive personal information will affect your per-sonal rights and interests. We may process the sensitive personal information for the purposes set forth in Section 4 of this Privacy Notice. Your objection or restriction on processing your certain personal information (including sensitive personal information) may cause us unable to process your job application or evaluate your suitability for a particular role, and accordingly cause impacts on your personal rights and interests.

3. How We Collect Your Information

We may collect your personal information in a variety of ways including:

1. directly from you;
2. from public domain;
3. through PepsiCo’s official website, official accounts on WeChat or other IT infrastructure; and
4. from third parties including the PepsiCo’s affiliates and other third parties such as recruit-ment agencies, background check agencies, etc.

4. Why and How We Process Your Information

Please refer to the list below for the description about why and how we may process your personal information.

1. to assess your skills, qualifications, and suitability for the role you have applied for, and, if you consent, any other roles that may be available in the future;
2. to make decisions about recruitment and whether to enter into a contract of employment with you, and about the terms of that contract;
3. to communicate with you about the recruitment process;
4. to keep records related to our recruitment process;
5. to process your application and organize the recruitment process (including but not limited to conducting background check and onboard health checkup);
6. to establish, exercise or defend legal claims; and
7. to fulfill other necessary purposes in relation to your job application.

5. Information Security

PepsiCo implements and maintains security procedures and practices as required by the applicable laws, and based on the nature of your personal information in its possession and the manner in which the information is stored. Further, reasonable measures are taken to protect your personal information from unauthorized access, destruction, use, modification, or disclosure.

Access to, use of and other processing of your personal information by PepsiCo generally will be limited to individuals who have a need to know the information for the purposes described in this Privacy Notice, which may include personnel in HR, IT, Compliance, Legal, Finance and Account-ing and Internal Audit.

6. Information Sharing and Cross-Border Transfer

Due to the global nature of PepsiCo operations, your personal information will be stored outside China (i.e. in USA, for the purpose of this Notice only, China means the mainland China, but ex-cludes Hong Kong, Macau, and Taiwan), and we may share your personal information with other entities within and outside the PepsiCo group (collectively “Third Parties”) to fulfill the purposes described in this Privacy Notice. This may include providing the Third Parties with your personal information for processing, entrusting the Third Parties to process your personal information as well as processing your personal information together with the Third Parties.

From time to time, we may make personal information available to other entities, such as account-ants, auditors, lawyers and other outside professional advisors; and service providers (such as pro-viders of payroll, insurance, human resources services, IT systems and support, and other third par-ties engaged to assist PepsiCo in carrying out business activities) located within and outside China.

We may also disclose personal information to third parties other than service providers: (A) if we are required to do so by laws, regulations or legal process (such as a court order or subpoena); (B) in response to requests by government agencies; or (C) when we believe disclosure is necessary or ap-propriate to prevent physical harm or financial loss or in connection with an investigation of sus-pected or actual illegal activity.

As required by applicable laws, the Third Parties are obliged to (A) use reasonable measures to pro-tect the confidentiality and security of your personal information; and (B) process your personal information only for achieving the purposes as provided under the Notice.

Please refer to the appendices for the lists of the Third Parties located within and outside China.

7. Your Rights

Subject to applicable laws and PepsiCo’s rules and procedures, you may have certain rights with respect to our processing of your personal information as listed in the below. Please note, however, that certain personal information or certain processing of your personal information may be exempt from these rights pursuant to applicable laws and administrative regulations.

1. right to access: you have the right to access your personal information collected by PepsiCo;
2. right to correct: you have the right to correct personal information collected by PepsiCo if any information is incorrect, inaccurate, or incomplete;
3. right to copy: you have the right to request a copy of your personal information collected by PepsiCo;
4. right to data portability: you have the right to have your personal information collected by PepsiCo be transferred to another organization designated by you, provided that such request satisfies the conditions required by the cyberspace administration agencies of China.
5. right to objection and restriction: you have the right to object to or restrict certain types of the processing activities or the processing of certain types of your personal information col-lected by PepsiCo.
6. right to delete: you have the right to have your personal information collected by PepsiCo to be deleted. To avoid any doubt, even if you decide to have the information to be deleted, such request may be denied in any of the following circumstances: (A) PepsiCo has alternative le-gal bases provided by law; (B) the retention period does not expires yet; (C) it is impossible or unpractical to accomplish from the technical perspective (in that case, PepsiCo will cease all process activities except for the storage and the necessary security measures).
7. right to withdraw: you have the right to withdraw any consent that you have given to Pepsi-Co in connection with the processing of your personal information. To avoid any doubt, even if you withdraw your consent, PepsiCo may still process your personal information if it has alternative legal bases provided by law, such as fulfilling a legal obligation.
8. right to explanation: you have the right to request PepsiCo to explain its rules about the processing of your personal information including content contained herein.

PepsiCo will exercise reasonable diligence to validate the accuracy of your personal information collected and will also make reasonable efforts to ensure complete, accurate, and correct information is retained. Under normal circumstance, your request will be processed and responded within [30 calendar days] after your identity has been verified. In principle, we will not charge for your reasonable requests; but, in accordance with applicable laws, we have the right to charge directly related and necessary fees for repeated requests that exceed reasonable limits. We may reject requests that are unwarrantedly repetitive, require excessive technical means, pose a risk to the legal rights of others, or are highly impractical.

8. Retention Period

PepsiCo will retain your personal information collected by it for the time necessary to accomplish the purposes outlined in this Privacy Notice. In addition, PepsiCo may retain your personal infor-mation to comply with legal or regulatory obligations, respond to legitimate government requests, or resolve any disputes or complaints.

Following the completion of the retention period, we will delete your personal information collected by PepsiCo or have it anonymized as required by law.

9. Contacting Us

If you would like to exercise any of the rights that apply to you, or ask a question, or raise a com-plaint regarding the processing of your personal information by PepsiCo, please contact PepsiCoChinaPrivacy@pepsico.com.

If you would like to exercise any of the rights that apply to you towards any Third Parties located outside China, please contact them via the corresponding contact information listed in the appen-dices. In case the Third Parties do not respond to your request timely, please contact us instead.

Authorized by and on behalf of:

PepsiCo (China) Ltd.
PepsiCo Foods (China) Co., Ltd.
PepsiCo Asia Research and Development Center Co., Ltd.
Shanghai PepsiCo Snack Company Limited
Shanghai Yuhe Agricultural Development Co., Ltd.
PepsiCo Foods (Sichuan) Co., Ltd.
PepsiCo Foods (Guangdong) Co., Ltd.
PepsiCo Foods (Shandong) Co., Ltd.
Drinkstation Innovation Co., Ltd.
And the subsidiaries or branches of the aforementioned companies

Appendix 1: List of PepsiCo Affiliates and Third Parties within China

PepsiCo Affiliates