Privacy Notice for California Employees

Effective Date: November 10, 2022

This Privacy Notice for California Residents (“Notice”) supplements the information contained on EnerSys’ website (www.enersys.com) and applies solely to all job applicants, employees, laborers, workers, members or agents, temporary workers or contractors and others similarly situated who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2021 (CPRA), as well as any other applicable data privacy laws, and any terms defined in the CCPA and CPRA have the same meaning when used in this notice.  

Purpose and Scope

This Notice is to provide information to all current, past, or prospective job applicants, employees, workers, members, or temporary workers or contractors of EnerSys (“Employees”), who are residents of California, information about how we, our affiliates or subsidiaries, are processing and handling personal information.   

Personal Information We May Collect

EnerSys collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). “Sensitive personal information” is a subcategory of personal information and means personal information that reveals:  (a) an individual’s social security, driver’s license, state identification card, or passport number; (b) an individual’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (c) an individual’s precise geolocation; (d) an individual’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (e) the contents of an individual’s mail, email, and text messages unless the Company is the intended recipient of the communication; (f) an individual’s genetic data; (g) an individual’s biometric information used to uniquely identify the individual; (h) personal information collected and analyzed regarding an individual’s health; and (i) personal information collected and analyzed regarding an individual’s sex life or sexual orientation.

In particular, we may collect the following categories of personal information from Employees, applicants, contractors, employee beneficiaries, employee emergency contacts, and board of directors: 

Category	Examples	Collect
Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, or other similar identifiers.	YES
Sensitive Personal Information	A name, signature, Social Security number, passport number, driver's license or state identification card number, account log-in, bank account number, credit card number, debit card number, or any other financial information in combination with any required security or access code, password, or credentials allowing access to an account, precise geolocation, racial or ethnic origin, religious or philosophical beliefs; union membership, contents of an individual’s mail, email, and text messages unless the Company is the intended recipient of the communication, genetic data, an individual’s biometric information used to uniquely identify the individua, personal information collected and analyzed regarding an individual’s health, and personal information collected and analyzed regarding an individual’s sex life or sexual orientation.	YES
Protected categories	Age, 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), AIDS/HIV status, medical condition, political activities or affiliations, and status as a victim of domestic violence, assault, or stalking	YES
Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
Biometric information	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, facial recognition, hand geometry, and sleep, health, or exercise data.	YES
Internet or similar network activity	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	YES
Geolocation data.	Physical location or movements.	YES
Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	YES
Professional or employment-related information.	Job preference and work availability, qualifications, employment history and experience, compensation, military service, reference and background check information, including relevant criminal history and credit history, pre-employment test results, post-offer medical and medical examination information and results, including drug test results, immigration and work eligibility, and information provided by you during the interview and hiring process	YES
Non-public education information	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.	YES
Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES

Personal information does not include: publicly available information from government records or deidentified or aggregated consumer information and information excluded from the scope of the CCPA and CPRA, like health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; 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

EnerSys obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms, applications, schedules, internal software applications, or other questions you might answer as an Employee.
• Indirectly from you. For example, from observing your actions or third parties who verify information.

Use of Personal Information

We may use, transfer, or disclose the personal information we collect for one or more of the following purposes: 

• To fulfil the usual human resources function obligations, such as, administration, payroll and general management;
• To have a global and consistent reporting system and processing of compensation and benefits as well as reporting of diversity reports or for long term incentive plans, where entitled; or to maintain records and ensure the accuracy of each Employee’s details on compensation and benefits;
• To allow human resources staff and line management to carry out talent management, succession planning and succession management, by capturing, analyzing and reporting the data relating to Employees;
• To ensure proper compensation and benefits via external and internal benchmarking;
• To know what career aspirations, development plans and progression each Employee has and to achieve global visibility of such information;
• To assess regulatory compliance and to carry out investigations into workplace conduct including, where permitted by local law, the monitoring of correspondence stored and created on Employee’s work-issued devices;
• To gain operational visibility, monitor workplace efficiency and quality; 
• To ensure cost-effectiveness and appropriate company administration;
• To analyze and prepare the company, function or department for any structural changes or shifts;
• To defend in any litigation to third party claims or to bring claims to protect the rights of the company or protect against damage, injury, theft, legal liability, fraud, abuse or other misconduct;
• To conduct internal disciplinary, grievance and termination processes or to review and assess compliance with company policies;
• To maintain and monitor usage of internal networks and the information technology systems in line with our guidelines and policies; 
• To conduct legal proceedings (including prospective legal proceedings), and obtain legal advice;
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; and
• As described to you when collecting your personal information or as set forth in the CCPA and CPRA.

EnerSys will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

EnerSys may disclose your personal information to a third party for a business purpose or transfer your personal information, subject to your right to opt-out of any sales (see Personal Information Sales Opt-Out and Opt-In Rights). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. 

We share your personal information with the following categories of third parties: (I) service providers; (II) affiliated companies; and (III) business purposes reasonably necessary for Employee’s job, title and role.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has likely disclosed some of the following categories of personal information for a business purpose: Identifiers; California Customer Records personal information categories; Protected classification characteristics under California or federal law; Commercial information; Biometric information; Internet or other similar network activity; Geolocation data; Sensory data; Professional or employment-related information; Non-public education information; and Inferences drawn from other personal information. In the preceding twelve (12) months, Company has not sold the personal information of any Employees to any unaffiliated third parties for monetary compensation. 

Your Rights

The CCPA and CPRA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA and CPRA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that EnerSys disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

sales, identifying the personal information categories that each category of recipient purchased; and 

disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. 

Deletion and Correction Request Rights 

You have the right to request that EnerSys delete any of your personal information that we collected from you and retained, subject to certain exceptions. In addition, you have the right to correct inaccurate personal information that we maintain about you.  Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, Deletion, and Correction Rights), we will delete or correct (and direct our service providers to delete) your personal information from our records, unless an exception applies. 

We may deny your deletion or correction request if retaining the information is necessary for us or our service provider(s) to: 

1. Complete the purpose for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, de 4ceptive, 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.
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, Deletion, and Correction Rights

To exercise the access, data portability, deletion, and correction rights described above, please submit a verifiable consumer request to us by either calling us at 1-855-472-2459 or by email at privacy@enersys.com 

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access or data portability twice within a 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 representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity. 

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. 

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 your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

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

Personal Information Sales Opt-Out and Opt-In Rights

You have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us at https://www.enersys.com/en/webpolicies/do-not-sell-my-personal-information/

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA and CPRA rights. Unless permitted by the CCPA or CPRA, we will not: deny you goods or services; charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; provide you a different level or quality of goods or services; or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. 

Changes to Our Privacy Notice

EnerSys reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice and update the notice's effective date.

Contact Information

If you have any questions or comments about this notice, the ways in which EnerSys collects and uses your information described below, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Toll Free: 1-855-472-2459 / Email: privacy@enersys.com  Postal Address: EnerSys, Legal Department, 2366 Bernville Rd, Reading PA 19605.