1. Introduction

This PepsiCo Candidate Personal Information Notice and Consent Letter (“Privacy Notice” or “Notice”) is intended to advise you of the practices of PepsiCo (in this Notice, the term “Company” or “We” collectively refers to PepsiCo Group’s specific entities in China that are listed in Appendix 1 as the joint personal information handlers) with respect to how it will process your personal information. This Notice applies to full-time employee (FTE) candidates. The processing of personal information includes the collection, storage, use, transmission, sharing, disclosure, and deletion of personal information. This Notice 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 have obtained 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 information 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 privacy notice explaining how we process the personal information of our employees.

Please note that PepsiCo has the right to process your personal information based on alternative legal basis without your consent, which includes without limitation concluding a contract, fulfilling 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 disadvantageous 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 making decisions about whether to hire you, communicating with you about the recruitment process, etc.

2. What Personal Information We Will Process and Why We Process Your Personal Information

2.1 Recruitment Stage

During the recruitment stage, we will process the following types of your personal information based on your consent for the processing purposes specified below. The types of personal information listed below may be adjusted according to the Company’s recruitment needs.

2.2 After Sending Job Offer Letter

After we formally decide to hire you and send you a job offer letter, we will process the following types of your personal information based on the necessity for implementing human resources management for the processing purposes specified below. Additionally, we will separately provide you with the “PepsiCo Employee Personal Information Notice and Consent Letter” to inform you of more details about how we process employee personal information.

Those types of information highlighted in bold type belong to sensitive personal information. We will process such sensitive personal information for the purposes stated above. We do not anticipate that the processing of your sensitive personal information will affect your personal rights and interests. If you refuse or request to restrict the processing of certain specific personal information (including sensitive personal information), it may cause us to be unable to process your job application, evaluate your suitability for a particular role, or handle your onboarding procedures, thereby affecting your personal rights and interests.

3. How We Collect Your Personal 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 IT infrastructure; and
4. From third parties, including the Company’s affiliates and other third parties such as recruitment agencies, background check agencies, etc.

4. Information Security

Based on the nature of your personal information in its possession and the manner in which the information is stored, PepsiCo will implement and maintain security procedures and practices as required by the applicable laws. Further, PepsiCo will take reasonable measures 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 Accounting and Internal Audit.

5. Information Sharing and Cross-Border Data Transfer

5.1 Information Sharing

After we formally decide to hire you and send you an offer letter, for the purpose of implementing necessary human resources management, and provided that you choose to provide information about your family members (such as names, national identification numbers and dates of birth of family members including parents, spouse, spouse’s parents, and children), we will need to provide the aforementioned information to domestic third parties listed in Appendix 2 for the purpose of purchasing commercial insurance hospitalization care plans.

From time to time, we may entrust third parties to process your personal information, such as accountants, auditors, lawyers and other outside professional advisors; and service providers (such as providers of payroll services, insurance, human resources services, IT systems and other services, and other third parties engaged to assist PepsiCo in carrying out business activities).

We may also disclose your 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 appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.

5.2 Cross-Border Data Transfer

Due to the global nature of PepsiCo operations, your personal information listed below will be stored outside China (i.e. in USA, for the purpose of this Notice only, China means the mainland China, but excludes Hong Kong, Macau, and Taiwan), and we may share your personal information with overseas third parties listed in Appendix 3, as follows:

• During the recruitment stage, based on your consent and for achieving the purposes described in Section 2.1 of this Privacy Notice, we will transfer the following personal information of yours outside of China: name, email address, contact address, contact phone number, educational background, employment history, resume information, and salary income information (voluntarily provided).
• After we formally decide to hire you and send you an offer letter, based on the necessity for implementing human resources management and for achieving the purposes described in Section 2.2 of this Privacy Notice, we will transfer the following personal information of yours outside of China: health/medical information disclosed in onboard health checkup (including height, weight, blood type, test results, medical history, etc.), bank account information (bank card number and bank information), social insurance contribution information, marital status and other information.

6. 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 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 collected 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 legal basis for processing personal information; (B) the retention period has not expired yet; (C) it is impossible or impractical to accomplish from the technical perspective (in that case, PepsiCo will cease all processing 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 PepsiCo 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 the 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 circumstances, your request will be processed and responded to within 15 working days after your identity has been verified. In principle, we will not charge for your reasonable requests; but, in accordance with applicable laws and regulations, 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.

7. Retention Period

PepsiCo will retain your personal information collected by it for the minimum necessary time to accomplish the purposes outlined in this Privacy Notice. In addition, PepsiCo may retain your personal information 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.

8. Contacting Us

If you would like to exercise any of the rights that apply to you, or ask a question, or raise a complaint regarding the processing of your personal information by PepsiCo, please contact Hotline (028)82372201.

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 Appendix 3. 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.
PepsiCo Foods (Shaanxi) Co., Ltd.
Shanghai Lezhihui Digital Technology Co., Ltd.

And the subsidiaries or branches of the aforementioned companies

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

Appendix 2: Other Third Parties within China (This list will be updated from time to time)

Appendix 3. List of PepsiCo Affiliates and Third Parties outside ChinaPepsiCo Affiliates