CommScope Recruiting Data Protection Notice

CommScope, Inc. of North Carolina ("CommScope" or "Company") provides this Recruiting Data Protection Notice ("Notice") to explain our practices regarding the collection, use, and other processing of certain individually identifiable information about job applicants or other potential employees ("Personal Data"), in connection with recruiting and hiring activities.

1. What Personal Data do we collect?

CommScope collects and uses, and otherwise processes the following categories of Personal Data in consideration of your potential employment at CommScope:

• Contact information, such as personal and business address, and personal and business phone/fax numbers and email addresses;
• Personal identification information, such as name, date of birth, nationality, gender, and country of birth; and
• Employment qualifications information, such as certificates and degrees obtained, languages spoken and skills, software experience, professional memberships, summaries of strengths and technical areas of expertise, pre-CommScope work history information (previous employers and positions held, dates, locations, supervisors, responsibilities, salary), resume and cover letter information, references and information obtained from them, and related background check (to the extent permitted, and in accordance with applicable law).

Personal Data will be collected either directly from you via the on-line profile form or via your resume, as well as from authorized third parties (e.g., people you have named as your references, previous employers, schools, public authorities, or public resources), subject to the requirements of applicable law.

The provision of Personal Data as described in this Notice is partly a statutory requirement, partly a contractual requirement under the terms of our recruiting website, and partly a requirement to carry out the recruitment and hiring process with you. In general, you are required to provide the Personal Data, except in limited instances when we indicate that certain information is voluntary. Not providing your Personal Data may prevent CommScope from carrying out recruiting and hiring activities that impact your potential employment with us.

 

2. For what purposes and on what bases do we use and process Personal Data?

CommScope will process Personal Data for the following purposes:

 

3. Under what conditions is Personal Data transferred to other recipients?

You should expect that the Company will transfer your Personal Data to third parties as follows:

• Within the CommScope Group of Companies. We share your Personal Data amongst the CommScope group of companies, and in particular with CommScope, Inc. of North Carolina in the United States (collectively, the "CommScope Group of Companies"), as necessary for the processing purposes, and in particular to conduct recruiting and hiring activities, and respond to and comply with requests and legal demands. If you transfer to another company within the CommScope Group of Companies, we may send, at the request of your new employer, your personnel file to your new employer, so that it may administer your new employment relationship;
• With certain acquiring or acquired entities. If the CommScope business for which you submitted your Personal Data, in relation to your interest for an employment position, is sold or transferred in whole or in part or if CommScope is acquiring and integrating another entity into the CommScope entity or business for which you applied for an employment position, your Personal Data may be transferred to the other entity prior to the transaction (e.g., during the diligence phase) or after the transaction, subject to any rights provided by applicable law, including the laws of the jurisdictions where the other entity is located; and
• With data processors. Certain third party service providers such as IT support or HR support providers, whether affiliated or unaffiliated, will receive your Personal Data to process such data under appropriate instructions ("Data Processors") as necessary for the processing purposes, in particular to conduct recruiting and hiring activities, comply with applicable laws and employment-related requirements, and other activities. These Data Processors will be subject to contractual obligations to implement appropriate technical and organizational security measures to safeguard the Personal Data, and to process the Personal Data only as instructed.

You should expect that the recipients identified above may be located inside or outside the European Economic Area ("EEA").

• Certain recipients are located in a country outside of the EEA that is recognized as providing an adequate level of data protection from a European data protection law perspective, such as Argentina, Canada (for non-public organizations subject to the Canadian Personal Information Protection and Electronic Documents Act), Switzerland, and New Zealand. Certain recipients in the U.S. are certified under the EU-U.S. Privacy Shield and thereby also recognized as providing an adequate level of data protection from a European data protection law perspective.
• Other recipients might be located in countries which do not adduce an adequate level of protection from a European data protection law perspective (in particular, the U.S. and India). Company will take all necessary measures to ensure that transfers out of the EU/EEA are adequately protected as required by applicable data protection law.
  • With respect to transfers to countries not providing an adequate level of data protection, we may base the transfer on appropriate safeguards, such as standard data protection clauses adopted by the European Commission or by a supervisory authority, approved code of conducts together with binding and enforceable commitments of the recipient, or approved certification mechanisms together with binding and enforceable commitments of the recipient. You can request a copy of the appropriate safeguards by contacting us as set out in Section 7 below.
  • The data transfer to Data Processors which are neither certified under the EU-U.S. Privacy Shield nor in a country with other adequacy decision will typically also be protected by such standard data protection clauses.

Any access to your Personal Data is restricted to those individuals that have a need to know in order to fulfill their job responsibilities.

Company may also disclose your Personal Data as required or permitted by applicable law to governmental authorities, courts, external advisors, and similar third parties.

 

4. For how long does CommScope retain my Personal Data?

Your Personal Data is stored by the CommScope Group of Companies, and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the Personal Data is collected, in accordance with applicable data protection laws. When the CommScope Group of Companies no longer needs to use your Personal Data, we will remove it from our systems and records and/or take steps to properly render it unintelligible it so that you can no longer be identified from it (unless we need to keep your Personal Data to comply with legal or regulatory obligations to which the CommScope Group of Companies is subject). CommScope will generally retain your Personal Data in accordance with the applicable CommScope record retention schedule, unless retention for a longer period is warranted due to a legal requirement, including the need to support or defend a legal claim that is not yet barred by the applicable statute of limitations.

If you accept an offer from CommScope, your Personal Data will be retained for the duration of your employment with CommScope and as necessary in accordance with applicable law and the applicable CommScope record retention schedule.

With your consent, in the event that you are not offered a position with CommScope or decline an offer from us, we will retain your Personal Data for a period of up to three years for U.S. residents or one year for non-U.S. residents, on the above mentioned systems, so that we may inform you of other positions that we believe may be suitable to you. Personal Data retained for this purpose will be processed, used, disclosed and stored in accordance with the policies laid out in this Notice. If you no longer want your Personal Data to be retained for this purpose, you may withdraw your consent as follows:

My Profile > Search Options and Privacy > Review Data Privacy Notice > Revoke > Delete All Data

 

5. Automated Decision-Making

CommScope engages in certain limited automated decision-making, including profiling, for recruiting purposes, in order to efficiently narrow potential candidates to those who can legally be employed in the country in which the position is offered (e.g., work permit, permanent residency, or citizenship) and to those with the industry standard minimum qualifications for the respective position (e.g., professional licensure). If you are applying for a position in a country in which you are not eligible for employment, or for a position requiring an industry standard minimum qualification, for which you do not have, your application may be automatically denied. Additional information in this regard is set out below in Section 6(vii).

 

6. What are my rights?

If you have declared your consent regarding certain types of processing activities (for example, via a separate specific consent form), you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.

Pursuant to applicable data protection law, you also have the right to: (1) request access to your Personal Data; (2) request rectification of your Personal Data; (3) request erasure of your Personal Data; (4) request restriction of processing of your Personal Data; (5) request data portability of your Personal Data; and/or (6) object to the processing of your Personal Data. Please note that these aforementioned rights might be limited under the applicable national data protection law.

(i)     Right of access: In certain circumstances, as provided by applicable data protection law, you have the right to obtain from us confirmation as to whether or not Personal Data concerning you is processed, and, where that is the case, to request access to the Personal Data. The access information includes – inter alia – the purposes of the processing, the categories of Personal Data concerned, and the recipients or categories of recipient to whom the Personal Data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access.

You may have the right to obtain a copy of the Personal Data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.

(ii)     Right to rectification: In certain circumstances, as provided by applicable data protection law, you have the right to obtain from us the rectification of inaccurate Personal Data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.

(iii)     Right to erasure (right to be forgotten): In certain circumstances, as provided by applicable data protection law, you have the right to obtain from us the erasure of Personal Data concerning you and we may be obliged to erase such Personal Data.

(iv)     Right to restriction of processing: In certain circumstances, as provided by applicable data protection law, you have the right to obtain from us restriction of processing your Personal Data. In this case, the respective data will be marked and may only be processed by us for certain purposes. As the Company processes and uses your Personal Data primarily for purposes of carrying out the contractual employment relationship with you, the Company will in principle have a legitimate interest for the processing which will override your restriction request, unless the restriction request relates to marketing activities.

(v)     Right to data portability: In certain circumstances, as provided by applicable data protection law, you have the right to receive the Personal Data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.

(vi) Right to object:  THIS IS THE END OF TEXT TOP

 

(vii)     Right to not be subject to a decision based solely on automated processing: Under certain circumstances, you have the right to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. Where such right applies, we will allow you to request human intervention, express your point of view, and/or contest the decision, however doing so may not change the outcome. To exercise your rights please contact us as stated in Section 7 below. You also have the right to lodge a complaint with the competent data protection supervisory authority.

7. How do I reach the contact person for questions?

If you have any questions about this Notice, or if you would like to request rights or a copy of the appropriate safeguards concerning your Personal Data, please contact us at privacycontact@commscope.com.

CommScope's Data Protection Officer for Germany can be contacted at:

datenschutz süud GmbH
Wörthstraße 15
97082 Würzburg, Germany

8. California Applicant Data Protection Notice

Effective January 1, 2023, the California Consumer Privacy Act ("CCPA") and the California Privacy Rights Act ("CPRA") (collectively, "California Privacy Law") require the provision of a privacy notice to California applicants using a specified format. This section explains how CommScope uses personal data about California residents who submit their job applications to CommScope ("Applicant Data") and summarizes the rights available to California residents.

We do not sell your Applicant Data or share it for cross-context behavioural advertising. We do not engage in providing financial incentives for the disclosure of California Personal Information.

Categories of Applicant Data

CommScope collects and processes the following categories of Applicant Data, including but not limited to:

• Identifiers;
• Professional or employment-related information;
• Characteristics of protected classes;
• Education information; and
• Inferences drawn from the information collected.

In addition, CommScope may collect, process, and use Applicant Data that may be considered sensitive personal information within the meaning of California Privacy Law (“Sensitive Applicant Data”) including social security and driver's license numbers. CommScope only uses and discloses Sensitive Applicant Data as necessary to provide benefits, to perform and enforce the employment  relationship and obligations, to comply with federal, state, or local laws, and otherwise as permitted by the California Privacy Law.

Sources of Applicant Data

We generally receive Applicant Data directly from you or from third parties, that assist with recruitment, such as recruitment agencies and job boards, and other employment-related purposes described below.

Uses of Applicant Data

CommScope will process Applicant Data, including Sensitive Applicant Data, for the following recruitment-related business purposes ("Processing Purposes"):

• Recruiting and hiring activities, including administering your recruitment, making a hiring decision (including assessing qualifications, tracking candidates during the application process, and carrying out interviews), verification of credentials and prior employment history, performing background checks where permitted by applicable law, and completing the hiring process in case you should be offered and accept a position with CommScope (including activities related to on-boarding and the new hire process); and
• Complying with applicable laws and employment-related requirements along with the administration of those requirements, including record keeping and reporting for human rights, employment equity, and Foreign Corrupt Practices Act and similar screenings (where applicable).

Please note that CommScope does not use Applicant Data for commercial purposes (i.e., to advance CommScope's economic interests through marketing or monetization). Additionally, CommScope does not engage in the sale or sharing of Applicant Data as defined under California Privacy Law.

Disclosure of Applicant Data

You should expect that the Company will transfer your Applicant Data to third parties as follows:

• Within the CommScope Group of Companies. We share your Applicant Data amongst the CommScope group of companies, and in particular with CommScope, Inc. of North Carolina in the United States (collectively, the "CommScope Group of Companies"), as necessary for the processing purposes, and in particular to conduct recruiting and hiring activities, and respond to and comply with requests and legal demands. If you transfer to another company within the CommScope Group of Companies, we may send, at the request of your new employer, your personnel file to your new employer, so that it may administer your new employment relationship;
• With certain acquiring or acquired entities. If the CommScope business for which you submitted your Applicant Data, in relation to your interest for an employment position, is sold or transferred in whole or in part or if CommScope is acquiring and integrating another entity into the CommScope entity or business for which you applied for an employment position, your Applicant Data may be transferred to the other entity prior to the transaction (e.g., during the diligence phase) or after the transaction, subject to any rights provided by applicable law, including the laws of the jurisdictions where the other entity is located; and
• With data processors. Certain third party service providers such as IT support or HR support providers, whether affiliated or unaffiliated, will receive your Applicant Data to process such data under appropriate instructions ("Data Processors") as necessary for the processing purposes, in particular to conduct recruiting and hiring activities, comply with applicable laws and employment-related requirements, and other activities. These Data Processors will be subject to contractual obligations to implement appropriate technical and organizational security measures to safeguard the Applicant Data and to process the Applicant Data only as instructed.

Retention of Applicant Data

Your Applicant Data is stored by the CommScope Group of Companies, and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the Applicant Data is collected, in accordance with applicable data protection laws. When the CommScope Group of Companies no longer needs to use your Applicant Data, we will remove it from our systems and records and/or take steps to properly render it unintelligible it so that you can no longer be identified from it (unless we need to keep your Applicant Data to comply with legal or regulatory obligations to which the CommScope Group of Companies is subject). CommScope will generally retain your Applicant Data in accordance with the applicable CommScope record retention schedule, unless retention for a longer period is warranted due to a legal requirement, including the need to support or defend a legal claim that is not yet barred by the applicable statute of limitations.

Exercising Your Rights

Subject to certain exceptions, pursuant to California Privacy Law, as a California resident and CommScope’s applicant you may have the right to: (i) deletion of your Applicant Data; (ii) correction of inaccurate Applicant Data; (iii) the right to know/ access the categories of Applicant Data that we collect about you, including the specific pieces of Applicant Data; and (iv) the right to know the categories of Applicant Data disclosed for a business purpose.

You have the right to designate an Authorized Agent. To the extent that you elect to designate an authorized agent to make a request on your behalf, they must provide appropriate documentation including written signed permission from you, proof of your identity, and verification of their identity; or a valid, designated power of attorney as defined under the California Probate Code.

To exercise your rights please initiate your request by sending an email to DataPrivacyLead@commscope.com.  Verbal requests or those made through other means (e.g., email to manager) cannot be honored.

Authorized Agents

To the extent that you elect to designate an authorized agent to make a request on your behalf, they must provide appropriate documentation including written signed permission from you, proof of your identity, and verification of their identity; or a valid, designated power of attorney as defined under the California Probate Code.

We will not discriminate against you as an applicant based solely upon this request.

Questions

Applicants who have any questions about this Notice should contact us at privacycontact@commscope.com

9. Additional Data Protection Notice for Applicants Located in China

For job applicants or other potential employees ("Applicants") located in China, this Section contains disclosures on the rights and protections regarding CommScope's processing of your Personal Data in connection with its recruiting and hiring activities pursuant to the Personal Information Protection Law of the People’s Republic of China ("PIPL"). For the purpose of this section, “PRC” or "China" solely refers to the mainland of the People’s Republic of China.

Personal Information Processor

When you submit your job applications to or otherwise interact with a CommScope entity located in China in the course of recruiting and hiring activities, such CommScope China entity (i.e., [CommScope Telecommunications (China) Co., Ltd.]) is the Personal Information Processor that collects and processes your Personal Data as defined under the PIPL.

Collection and Processing of Personal Data

Please refer to Sections 1 (What Personal Data do we collect?) and 2 (For what purposes and on what bases do we use and process Personal Data?) of this Notice for the types of Personal Data that we may collect and the purposes for which we process your Personal Data.

We will only collect and process your sensitive Personal Data to the extent that such processing is necessary to achieve the specific purposes as described in this Notice, and our processing of your sensitive Personal Data will be equipped with strict security measures and be conducted in a manner of having the least impact on your personal rights and interests. If you do not want us to process such data, you may choose not to provide us with or grant us access to such data.

Legal Bases for Data Processing

We may collect and process your Personal Data under one or more of the following circumstances stipulated in the PIPL:

• where we have obtained your consent;
• where it is required to conclude and perform a contract to which you are a party, or to implement human resources management in accordance with employment rules and policies formulated and collective contracts concluded according to law;
• where it is required to perform statutory obligations or legal duties;
• where it is required to respond to public health emergencies, or to protect the life, health and property safety of natural persons in emergencies;
• where Personal Data is processed to a reasonable extent for the purposes of news report, public opinion supervision and other acts for public interest;
• Where Personal Data has already been made public by your own or through other legitimate channels, and processing of such Personal Data is done pursuant to applicable laws and to a reasonable extent; or
• where it is required by applicable laws or administrative regulations.

Sharing and Transfer of Personal Data

As we operate our business globally, we may share your Personal Data amongst the CommScope Group of Companies or with service providers or other third parties located within or outside of China for the purposes and in a manner specified in Section 3 (Under what conditions is Personal Data transferred to other recipients?) of this Notice.

CommScope will take all necessary steps and comply with all applicable legal requirements to ensure that the recipients located in countries or regions other than China provide an adequate level of protection for your Personal Data as required under China data protection laws. Please contact us if you would like to obtain further information about how we protect your transferred data.

Storage of Your Personal Data

We will store your Personal Data for the shortest period of time that is necessary to achieve the corresponding purposes, and delete or anonymize your Personal Data under the circumstances as provided by the PIPL.

Your Rights and How to Contact Us

You have the following rights with respect to your Personal Data under China data protection laws:

• the right to access your Personal Data maintained by us;
• the right to request rectification (correction) of your Personal Data if it is inaccurate or incomplete;
• the right to request the erasure of your Personal Data in certain circumstances specified under the PIPL, unless we have a legal obligation to process the Personal Data or another exception applies;
• the right to request us to further explain the rules of processing of your Personal Data which have not been addressed or are otherwise unclear in this Notice;
• the right to request a machine-readable copy of your Personal Data from us, and to have us transmit that data directly to another controller, where technically feasible and to the extent the conditions required by laws or supervisory authorities are fulfilled; and
• the right to withdraw your consent with respect to certain types of processing activities to which you have given consent at any time with future effect.

To exercise any of your rights in relation to your Personal Data, to enquire on any aspect of this Notice or your Personal Data, or provide us with any feedback, you may contact us at the contact details specified in Section 7 (How do I reach the contact person for questions?).

You acknowledge and agree that, by providing your Personal Data to and/or interacting with the CommScope China entity in the course of recruiting and hiring activities, you consent to our processing of your Personal Data in accordance with the terms and conditions set out in this Notice, including the processing of your sensitive Personal Data (if any) and the transfer of your Personal Data to other entities within the CommScope group and/or third parties located within or outside of China for the purposes and in the manner described in this Notice.

Last updated: March 2024

☐ I consent to the processing of my sensitive Personal Data (if any) by CommScope and the transfer of my Personal Data to recipients located outside of China, including other CommScope entities or third parties, for the purposes and in the manner described in the CommScope Recruiting Data Protection Notice.