DATA PROTECTION & PRIVACY NOTICE
This Privacy Notice explains how personal data (“Data”) provided by you to – and collected by – CNH Industrial America LLC (“CNH Industrial”) through the Helpline service will be handled in compliance with applicable laws and regulations. We are committed to protecting and respecting your privacy.
1. General
The CNH Industrial Compliance Helpline (“Helpline”) is a web and phone-based intake system provided by CNH Industrial America LLC. to its employees, vendors, suppliers and business partners and those of its subsidiaries (“Reporters”) for reporting suspected violations of laws or regulations, or company policies related to financial, accounting, auditing and bribery matters.
For more information click here.
In certain countries, such as the United States, the Helpline may also be used to report suspected violations of other matters. It and the database in which the personal data and information that you may report is stored, are operated in the United States by NAVEX.
2. Use of the Helpline
Use of the Helpline is entirely voluntary. You are encouraged to report possible violations directly to your supervisor or manager, or to a representative of the Human Resources, Legal or Corporate Compliance Departments, depending on the nature of the possible violation. If you feel that you are unable to do so, you may use the Helpline to make your report.
For more information click here.
The Helpline is a confidential online reporting system that allows you to report suspected violations of law or company policies, as well as other concerns you may have, to CNH Industrial. In certain countries, CNH Industrial may only accept reports through the Helpline that relate to financial, accounting, auditing, bribery, competition law, discrimination and harassment and environment, health, hygiene, and safety matters. Furthermore, some countries restrict reports such that only employees in key or management functions may be the subject of a report. If your concern pertains to a matter that, under local law, may not be accepted by CNH Industrial through the Helpline, you will need to contact your supervisor or local management or a representative of the Human Resources, Legal or Corporate Compliance Departments to report the matter.
Please be aware that the information you supply about yourself, your colleagues, or any aspect of the company’s operations may result in decisions that affect others. Therefore, we ask that you only provide information that you believe is true. You will not be subject to retaliation from CNH Industrial for any report of a suspected violation that is made in good faith, even if it later turns out to be factually incorrect. Please be aware, however, that knowingly providing false or misleading information will not be tolerated. The information you submit will be treated confidentially except in cases where this is not possible because of legal requirements or in order to conduct an investigation, in which case the information will be handled sensitively. We encourage you to identify yourself in order for us to follow up with questions we may have.
3. What personal data and information is collected and processed?
The Helpline captures the following personal data and information that you provide when you make a report: (i) your name and contact details (unless you report anonymously) and whether you are employed by CNH Industrial; (ii) the name and other personal data of the persons you name in your report if you provide such information (i.e.: description of functions and contact details); and (iii) a description of the alleged misconduct as well as a description of the circumstances of the incident. Note that depending upon the laws of the country in which you are residing, the report may not be made anonymously; however, your personal information will be treated confidentially and will only be disclosed as set out below.
The beforementioned personal data is processed by CNH Industrial America LLC on the basis of its legitimate interest and in the interest of other legal entities of the CNH Industrial Group for the following purposes:
- Permit you to submit a report through the Compliance Helpline
- Enable us to process and investigate your report by involving specific departments and teams of CNH Industrial
- Allow us to carry out process and system audit
Data may be processed electronically within IT systems, and manually, in paper form. Data will be processed and stored for its whole lifecycle, ensuring security and confidentiality of the same in compliance with principles of fairness, lawfulness and transparency and in accordance with the provisions of applicable laws and regulations.
Note that depending upon the laws of the country in which you are residing, the report may not be made anonymously; however, your personal information will be treated confidentially and will only be disclosed as set out below.
4. How will the personal data and information be processed after your report and who may access personal data and information?
The personal data and information you provide will be stored in a database which is located on servers hosted and operated in the United States by NAVEX. NAVEX has entered into contractual commitments with CNH Industrial to secure the information you provide in accordance with applicable law. NAVEX is committed to maintaining stringent privacy and security practices including those related to notice, choice, onward transfer, security, data integrity, access, and enforcement.
For more information click here.
For the purpose of processing and investigating your report and subject to the provisions of local law, the personal data and information you provide may be accessed, processed and used by the relevant personnel of CNH Industrial, including Human Resources, Finance, Internal Audit, Legal, Corporate Compliance, management.
Note that CNH Industrial Group’s U.S. subsidiaries comply with the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information from European Union or the European Economic Area and Switzerland to the United States, respectively.
Transfer of Personal Data to CNH Industrial Group’s U.S. subsidiaries is subject to Privacy Shield certification and compliance with CNH Industrial Privacy Shield Policy, available here: http://cnhindustrial.com/en-us/governance/policies_and_guidelines/Pages/corporate_policies.aspx
To learn more about the Privacy Shield program, and to view the certification of the CNH Industrial Group’s U.S. subsidiaries, please visit www.privacyshield.gov.
In addition, personal data and information may be shared to external advisors (e.g. legal advisors), or, in limited circumstances, by technical staff at NAVEX. Those individuals may be located in the United States, the United Kingdom or elsewhere.
Personal data and information you provide may also be disclosed to the police and/or other enforcement or regulatory authorities. The relevant bodies that receive and process personal data can be located in the US or in another country that may not provide the level of data protection available in the EU.
The personal data you provide will be kept as long as necessary to process your report, or, if applicable, as long as necessary to initiate sanctions or to meet our legal or financial needs.
5. Accessing information concerning the report
CNH Industrial will promptly notify any person who is the subject of a report to the Helpline except where notice needs to be delayed to ensure the integrity of the investigation and preservation of relevant information.
For more information click here.
With some exceptions, the subject of the report may access information concerning the report (with the exception of the identity of the reporter) and request correction of personal data that is inaccurate or incomplete in accordance with applicable law. Similarly, with some exceptions, reporters may also access information about the report and request corrections of their personal data in accordance with applicable law. To make any such corrections, please contact the Corporate Compliance & Ethics department.
6. DATA CONTROLLER
CNH Industrial America LLC, with registered office at 700 State Street Racine Wisconsin 53404 is the Controller for the data it collects, processes and stores in the framework of this Privacy Notice.
7. UPDATES TO THIS PRIVACY NOTICE
This Privacy Notice was updated in January 2020. We reserve the right to amend or update the Privacy Notice from time to time to reflect changing legal requirements or our processing activities. We will publish any update on this website and it will be effective upon posting. We encourage you to periodically review this Privacy Notice to learn how we protect your Data.
You may contact CNH Industrial with any questions relating to this Notice or this service as follows:
complianceandethics@cnhind.com