CORRESP
LOGO    LOGO

March 23, 2021

Via EDGAR

U.S. Securities and Exchange Commission

Division of Corporation Finance

100 F Street, N.E.

Washington, D.C. 20549-3720

Attention:      Larry Spirgel

Kathleen Collins

Alexandra Barone

Rebekah Lindsey

Re:         TuSimple Holdings Inc.

Amendment No. 2 to

Draft Registration Statement on Form S-1

Submitted March 8, 2021

CIK No. 0001823593

Ladies and Gentlemen:

On behalf of TuSimple Holdings Inc. (the “Company”), we submit this letter in response to comments from the staff (the “Staff”) of the Securities and Exchange Commission (the “Commission”) received by letter dated March 19, 2021, relating to the Company’s Draft Registration Statement on Form S-1 submitted March 8, 2021 (the “Company’s Draft Registration Statement”).

On behalf of the Company, we are also electronically transmitting for filing the Company’s Registration Statement on Form S-1 (“Registration Statement”).

In this letter, we have recited the comments from the Staff in italicized, bold type and have followed each comment with the Company’s response. Except as otherwise specifically indicated, page references herein correspond to the pages of the Registration Statement.

 

LOGO


TuSimple Holdings Inc.

March 23, 2021

Page 2

 

Amendment No. 2 to Draft Registration Statement on Form S-1

Prospectus Summary

Our Solution, page 13

 

1.

We note your disclosure revisions in response to our prior comment 1. Please revise throughout the filing to disclose the current timeframe in which you expect to begin filling reservations for your trucks. In this regard, you state that your goal is to have factory produced L4 autonomous semi-trucks available at scale in 2024. Please clarify whether “at scale” means you will be able to fill all of the reservations within a short period of time subsequent to achieving this goal or whether it will take a longer period of time subsequent to the achievement of at scale production. If the latter is true, please disclose your current expected timeframe or state that you are not able to estimate such timeframe.

RESPONSE TO COMMENT 1: The Company advises the Staff that its current goal is to fill reservations over a multi-year period commencing in 2024, with the actual date of delivery based on our customers’ specifications. In response to the Staff’s comment, the Company has revised its disclosure on pages 16, 25, 40, 113, 123 and 126 of the Registration Statement.

 

2.

Your disclosure indicates that the reservation system was established by you and Navistar. Please clarify the following information, where applicable:

 

   

Whether the customer places the reservation and any related deposit with you or with Navistar. If the customer places the reservation with Navistar, disclose how often you receive updates regarding the total number of outstanding reservations received by Navistar so a reader may ascertain how current this information is.

 

   

Disclose whether you have collected any deposits thus far and if so, include the amount. If you collect and hold the deposit, revise your liquidity section to disclose the impact that refunds may have on your liquidity and how you anticipate providing refunds of these deposits in the future, if required.

RESPONSE TO COMMENT 2: The Company advises the Staff that the Company manages the reservations and deposit collections process and has revised its disclosure on pages 16, 113 and 126 of the Registration Statement to clarify this fact.

Additionally, the Company advises the Staff that customers may deliver deposits within 12 months of entering into a reservation agreement. The Company is currently in the process of collecting these deposits to hold in an escrow account. Any cancellations and refunds will be satisfied out of the deposits held in escrow. For reservations holders who are also equity investors, which account for approximately 75% of our current reservations, the deposit requirement has been waived. The Company has revised its disclosure on pages 16, 38, 87, 113 and 126 of the Registration Statement accordingly.

Summary Consolidated Financial Data, page 33

 

3.

Please refer to our prior comment 2 and address the following as it relates to your pro forma per share information:

 

   

Revise the weighted average shares used in computing pro forma net loss per share to include adjustments for share issuances similar to those included in the pro forma column to your capitalization table.


TuSimple Holdings Inc.

March 23, 2021

Page 3

 

   

Include the Class B shares to be issued to your founders in the weighted average shares outstanding or explain your basis for excluding such items from your weighted average shares.

 

   

Revise the numerator for your per share calculations to include adjustments for the compensation expense associated with the RSU and SVA Settlement and the performance-based options that will vest upon effectiveness. Similarly, adjust for other items included in your pro forma accumulated deficit calculations or explain why you believe exclusion here is appropriate. Refer to Rule 11-01(a)(8).

 

   

Considering the number of adjustments included in your pro forma per share calculations, revise to provide a quantified reconciliation of both the numerator and denominator in footnote (1).

RESPONSE TO COMMENT 3: In response to the Staff’s comment, the Company has removed the pro forma per share information and revised its disclosure on page 33 of the Registration Statement accordingly.

Risk Factors

Risks Related to Our Dependence on Third Parties

We rely on our business partners and other industry participants for our AFN..., page 40

 

4.

Please revise to address any risks associated with the fact that any product license agreements or long-term cooperation agreements associated with your Navistar and Traton joint development projects will not be negotiated and finalized until completion of the development activities.

RESPONSE TO COMMENT 4: The Company acknowledges the Staff’s comment and has revised its disclosure on page 40 of the Registration Statement to address this risk.

Risks Related to Our International Operations

Changes to trade policy, tariffs, and import/export regulations may have a material adverse effect on our business..., page 61

 

5.

We note your response to our prior comment 3. Please further revise your risk factor to make clear that CFIUS has initiated a review of an investor’s 2017 investment and the potential ramifications of such a review.

RESPONSE TO COMMENT 5: In response to the Staff’s comment, the Company has revised its disclosure on page 61 of the Registration Statement.

Risks Related to Our Class A Common Stock and This Offering, page 62

 

6.

Disclose whether the company expects to be a “controlled company” under the rules of the Nasdaq. If so, please revise throughout the registration statement to disclose such status and the consequences. Also disclose whether the company intends to avail itself to the corporate governance exemptions afforded to a “controlled company” under the rules of Nasdaq.


TuSimple Holdings Inc.

March 23, 2021

Page 4

 

RESPONSE TO COMMENT 6: The Company acknowledges the Staff’s comment and advises that although the Company’s founders will together hold in excess of 50% of the outstanding voting power in the aggregate, neither founder individually will control more than 50% of the total voting power of the Company’s outstanding stock. As a result, the Company does not believe that it will be a “controlled company” under the rules of Nasdaq immediately following this offering. The Company has revised its disclosure on page 62 to reflect this.

Capitalization, page 75

 

7.

Please revise to include a discussion of all pro forma adjustments and provide quantified information where appropriate. In this regard, based on the pro forma number of shares outstanding, it appears that you have included the issuance of Series E preferred shares in January 2021; the exercise of Series E-2 preferred share warrants in February 2021; and the exercise of Series E warrants assuming that you have received notices of exercise from the holders. Similarly, the pro forma accumulated deficit appears to include adjustments for compensation expense related to performance-based options that will vest upon the offering, compensation related to a separation agreement and a gain related to the expiration of unexercised warrants.

RESPONSE TO COMMENT 7: In response to the Staff’s comment, the Company has revised its disclosure on pages 74 and 75 of the Registration Statement.

Management’s Discussion and Analysis of Financial Condition and Results of Operations Components of Results of Operations, page 82

 

8.

You state that the warrants outstanding as of December 30, 2020 were exercised prior to the consummation of this offering; however, it appears from your subsequent events disclosure that only Traton exercised their warrant. Please revise to clarify. Also, explain further your change to the Black-Scholes option pricing model as of December 31, 2020. In this regard, tell us how the variability surrounding which series of redeemable convertible preferred stock the warrants are exercised into has been resolved and revise your disclosures as necessary.

RESPONSE TO COMMENT 8: The Company advises the Staff that when originally issued the warrants were potentially exercisable into an existing or future series of redeemable convertible preferred stock depending on the circumstances. Upon the consummation of the Company’s Series E redeemable convertible preferred stock financing, the warrants became exercisable for Series E redeemable convertible preferred stock or a subseries. Additionally, the Navistar warrant was exercised in March 2021. The Company has revised its disclosure on pages 92 and F-20 of the Registration Statement to reflect these clarifications.

Commitments and Contractual Obligations, page 90

 

9.

Please revise to include a discussion of the payments that may be required to Navistar under your joint development agreement.


TuSimple Holdings Inc.

March 23, 2021

Page 5

 

RESPONSE TO COMMENT 9: In response to the Staff’s comment, the Company has revised its disclosure on page 89 of the Registration Statement.

Consolidated Financial Statements

Note 9. Redeemable Convertible Preferred Shares and Preferred Share Warrants, and Shareholders Deficit, page F-24

 

10.

Please disclose the number of shares that would be issued under the Navistar warrants if exercised at the balance sheet date. Disclose the fair value of the underlying shares at the balance sheet date for all warrants outstanding, if different than the exercise price. Refer to ASC 480-10-50-2.

RESPONSE TO COMMENT 10: In response to the Staff’s comment, the Company has revised its disclosure on page F-25 of the Registration Statement to provide these figures.

 

11.

Please provide us with an analysis of the specific guidance applied or analogized to in accounting for your joint development agreements with Navistar and Traton. Clarify how you considered Traton and Navistar’s intentions to enter into future arrangements upon completion of development in your analysis.

RESPONSE TO COMMENT 11:

Navistar Agreement

In response to the Staff’s comment, the Company advises that it accounts for the joint development agreement with Navistar under the guidance of ASC 808 Collaborative Arrangements (“ASC 808”). ASC 808-10-20 specifies that a collaborative arrangement involves a joint operating activity under which each of the parties are (i) active participants and (ii) exposed to significant risks and rewards dependent on the commercial success of the activity. The Company determined that each party is an active participant, in-line with the guidance of ASC 808-10-15-8, as each party performs significant research and development activities, holds a contractual right to any intellectual property it creates utilizing its existing technology, jointly owns any intellectual property created utilizing new technology arising from the development activities, and participates on a steering committee comprised of an equal number of members from each party. Additionally, the Company determined that each party is exposed to significant risks and rewards as each party will commit significant resources to the project, holds a contractual right to intellectual property created as a result of the project and is subject to penalties for early termination of the project. Upon successful completion of the development activities, the parties intend, but are under no obligation, to continue joint efforts to commercialize the developed products. As of the date of this letter, there remained uncertainty as to whether the remaining development activities will ultimately be successful and extension of the arrangement was not considered probable.

Under the arrangement, the Company will reimburse Navistar up to $10.0 million for expenses incurred. The Company considered whether these reimbursements indicate that Navistar is not exposed to significant risks per ASC 808-10-15-11, concluding that the time and effort involved in performing the development activities under the agreement has an organizational cost to Navistar which significantly exceeds the amounts reimbursed and does not remove the risk of failure to Navistar.

Per the guidance of ASC 808-10-15-5A, collaborative arrangements within the scope of ASC 808 may be partially within the scope of other topics, including, but not limited to ASC 606 Revenue from Contracts with Customers (“ASC 606”). The Company determined that the arrangement is not within the scope of ASC 606 since Navistar is not a customer. The Company’s monetization strategy is to sell freight capacity and provide access to TuSimple’s Autonomous Freight Network for fleet owners, including shippers, carriers, and railroads and out-licensing of intellectual property to third parties is not considered within the scope of the Company’s ordinary activities.

Per ASC 808-10-15-5C, collaborative arrangements that are wholly or partially outside the scope of other topics should be accounted for based on analogy to authoritative accounting literature. The Company analogized to the guidance over research and development costs under ASC 730-10-25-1 and charged the reimbursements to expense as incurred. Additionally, costs incurred for the Company’s development activities are charged to expense as incurred. As of the date of this letter, expenses incurred by Navistar for reimbursement under the arrangement are immaterial.

Traton Agreement

The Company accounts for the development agreement under the guidance of ASC 808 as each party is an active participant and exposed to significant risks and rewards dependent on the commercial success of the activity. Each party under the agreement performs research and development activities, holds a contractual right to any intellectual property it creates utilizing its existing technology, and jointly owns any intellectual property created utilizing new technology arising from the development activities. Upon successful completion of the agreement, the parties intend, but are under no obligation, to continue joint efforts to commercialize the developed products. As of the date of this letter, there remained uncertainty as to whether the remaining development activities will ultimately be successful and extension of the arrangement was not considered probable.

Each party is responsible for funding its own development costs and no payments are made from one party to another for development activities performed. The Company determined the arrangement is not within the scope of ASC 606 since Traton is not a customer. Costs incurred for the Company’s development activities are expensed as incurred under the guidance over research and development costs under ASC 730-10-25-1.

General

 

12.

Please revise the graphics at the forefront of the registration statement to accurately depict the company’s truck reservations. Specifically, we note that you include a metric for 5,700+ purpose-built fully autonomous trucks reserved in first four months. Please revise this graphic in light of your disclosure in the registration statement that your reservations are only to secure a priority position to order and purchase a truck and that reservations may never result in actual purchase agreements. Refer to Securities Act Forms C&DI 101.02.

RESPONSE TO COMMENT 12: The Company acknowledges the Staff’s comment and has updated the referenced graphic at the forefront of the Registration Statement to clarify that reservations may not result in the execution of actual purchase agreements.

*************************************


TuSimple Holdings Inc.

March 23, 2021

Page 6

 

Please contact the undersigned at (650) 463-5335 or jvetter@gunder.com if you have any questions with respect to this response or the Registration Statement.

 

Very truly yours,

/s/ Jeffrey R. Vetter

Jeffrey R. Vetter, Esq.

 

cc:

Cheng Lu

Patrick Dillon

James Mullen, Esq.

TuSimple Holdings Inc.

Zhen Liu, Esq.

Richard Chang, Esq.

Colin Conklin, Esq.

Gunderson Dettmer Stough Villeneuve Franklin & Hachigian, LLP

Richard Truesdell, Esq.

Stephen Byeff, Esq.

Davis Polk & Wardwell, LLP

 

Jean Stadwiser

KPMG LLP

TuSimple Website Privacy Policy

Effective:

Updated: 

This is TuSimple’s Website Privacy Policy (“Privacy Policy”). To TuSimple (“we” or “us” or “our”), your privacy is of the utmost importance. This Privacy Policy explains how we collect, use, disclose, share, and safeguard your personal information when you visit our website. at www.TuSimple.com, engage with our marketing operations, or when you contact us, including through email or social media. For simplicity, in this Privacy Statement we call all of these activities “interacting with TuSimple.” Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access this website.

This Privacy Policy applies to information we collect when you use our websites and other products and services that link to this Privacy Policy (collectively, the "Services"). We may supply a different privacy policy in relation to some of our Services, and that policy will apply to any information provided to or collected by us pursuant to those Services.This Privacy Statement does not apply to personal information we obtain from individuals interacting with other TuSimple products and services such as vehicles or mobile applications. 

We operate in the United States and this Privacy Statement is intended for users located in the United States. If you are located outside of the U.S., please be aware that the information we collect will be processed in the U.S. and will be subject to U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.

 

Personal Information We Collect and How We Use and Share It

Presently, the personal information we may collect includes:

  • Information You Provide. This information may include personally identifiable information, such as your name, address, email address, phone number, and demographic information, such as your age, gender, hometown, and interests. 
    • This information may be collected when you choose to interact with our website, as well as with third-party websites that are linked with our website, including social media. 
    • We may also collect information disclosed when entering contests, sweepstakes, or submitting surveys we, or a third-party on our behalf, may run. 
    • Data provided by you from communications and other feedback, including questions, vulnerability reports, and other messages you address to us directly such as email or online forms may also be collected. 
  • Automatically Collected Information. When you visit our website, we may use automatic data collection technologies to collect certain information, such as: 
    • Access times;
    • The pages you have viewed directly before and after accessing the website.
    • Internet Protocol (“IP”) addresses of the devices you're using to interact with us online; 
    • Tools such as cookies and other local storage used by websites and web browsers to maintain information regarding your previous activities on a site;
    • Information regarding your internet connection including your Internet Service Provider, connection type, and approximate city level location of your internet connection based on IP address; 
    • Information about how the device is interacting with our Website and social media accounts;
    • Type and version of your device’s operating system and web browser;
    • Specific interactions with our Website (such as which pages you viewed, in what order, and how long you engaged with each page); and
    • Error logs.

The technologies we use for this automatic data collection may include cookies, web beacons, tracking pixels, and other tracking technologies on our website, including:

  • Google Analytics. We use Google Analytics to help us understand your use of our website and the popularity of certain content so we can improve your experience. You can learn about Google’s privacy practices at www.google.com/policies/privacy/partners/, and you can opt out of Google Analytics by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
  • LinkedIn Insights Tag. We use LinkedIn Insights Tag to retarget our website visitors and learn insights about your interactions with our LinkedIn advertisements. You can learn about LinkedIn’s privacy practices at www.linkedin.com/legal/privacy-policy, and you can opt out of LinkedIn Insights Tag at www.linkedin.com/psettings/.
  • Google Ads. We use Google Ads to help us determine how effective our ad campaigns are. You can learn about Google’s privacy practices relating to Google Ads at policies.google.com/privacy, and you can prevent your participation in Google Ads conversion tracking by setting your browser to block cookies from the domain www.googleadservices.com.

Like many companies, we and our service providers may use "cookies" and other tracking technologies to gather information about your visit to our Website (see “Information We Collect” above). We use these tools to measure site activity, provide a better user experience, and to deliver, evaluate and tailor our marketing communications and online advertisements for you. Cookies are used by websites and web browsers to maintain information regarding your previous activities on a website, including what content has been displayed to you. Cookies are also used to optimize the performance of our Website.

Some content, including advertisements, on our website may be served by third parties, including advertisers and ad networks. These third parties may use cookies, alone or in conjunction with pixels, web beacons or other tracking technologies, to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with personalized ads or other targeted content. You can generally opt out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt out pages on the NAI website and DAA website.

We may use the personal information you provide to us or that we collect about you to:

  • Respond to an email or other inquiry or request, including to fulfill your request to subscribe to a TuSimple newsletter;
  • Customize your experience on our website;
  • Deliver advertisements to you, including on other websites you visit;
  • Compile anonymous statistical data and analysis for use internally or with third parties;
  • Provide, maintain, analyze, and improve our Website;
  • Monitor and analyze usage and trends to improve the functionality of our website;
  • Perform other business activities as needed, such as for recruiting purposes; and
  • Fulfill any other purpose for which you provide your information or to which you otherwise consent.
  • Develop new products and services;
  • Communicate with you for a range of reasons (including providing information, including updates and notices, we think will be of interest to you, conducting surveys, and responding to your comments, questions, and requests);
  • Protect the rights and property of TuSimple, our users, and others; 
  • Detect, prevent, and respond to fraud, abuse, and security issues; and
  • Carry out any other purpose described to you at the time the information was collected.

We may aggregate or de-identify information such that it is no longer linked to you or your device. This notice does not limit our ability to use or disclose aggregated or de-identified information that is not linked to you.

We will not sell or rent your personal information to anyone.

At all times, TuSimple reserves the right to disclose your personal information where required by law or to comply with a valid legal process (such as a search warrant, subpoena, or court order), to investigate or remedy potential violations of our policies, to protect TuSimple’s rights or property, or during emergencies when personal safety is at risk.

We may also share your personal information with our third-party service providers (but only as necessary to provide services to us) and our affiliates, in which case we will require those third-party service providers and affiliates to keep such information confidential and use it only for the purposes for which we disclose it to them.

Among the third-party service providers that TuSimple uses, and which may collect your personal information on TuSimple’s behalf in order to provide services to TuSimple, are the following:

  • MailChimp. We use MailChimp to send newsletters and related communications when you sign up for a newsletter subscription or otherwise opt into communications from us. You can review MailChimp’s privacy policy at https://mailchimp.com/legal/privacy.
  • Greenhouse. We use Greenhouse to assist with our employee recruitment and hiring process. You can review Greenhouse’s privacy policy at https://www.greenhouse.io/privacy-policy.

Finally, we may share your personal information with a buyer or other successor company in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of TuSimple’s assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by TuSimple about our website visitors is among the assets transferred.

Your Choices

If you have any questions as to how we collect and use your personal information, or would like to opt out of any future contacts from us, please contact us at privacy@tusimple.ai. In addition, to the extent required by applicable law, you may have the right to request access to or delete your personal information. If you wish to do any of these things, please contact us at the email address listed above.

Do Not Track Features

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. There is no final uniform technology standard for recognizing and implementing DNT signals. As a result, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

Links to External Websites

For your convenience and informational purposes, our Website may contain links to external websites that are not owned or controlled by TuSimple. TuSimple has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any external websites. If you visit such sites, your activities and the collection, use, and disclosure of information will be subject to the privacy policies and terms of the external websites or services, and not this Privacy Statement.

Children’s Privacy

TuSimple’s website is not intended for children. It is intended for adults. We do not knowingly collect personal information from children under the age of 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information.

Security

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. But no security measures are 100% secure and, thus, we cannot guarantee the security of your information. Any transmission of personal information is at your own risk. We are not responsible for the circumvention by any third party of any privacy settings or security measures we implement.

Job Candidate Privacy

For information regarding your privacy as a candidate for a position with TuSimple, please visit our Candidate Privacy Statement.

Privacy Inquiries and Information Requests

In some places you may have certain rights under privacy and data protection laws. These may include the right to request to have your personal information updated or deleted, to access your personal information, or to object to TuSimple using that personal information for certain purposes. These rights are subject to verification and certain exceptions. If you are a California resident, for instance, state law affords you certain privacy rights. You can learn more about these in the next section, “California Privacy Rights and Additional Information.”

No matter where you are from, if you have questions or concerns about TuSimple’s privacy practices or this Privacy Statement, please contact us at privacy@tusimple.ai.

California Privacy Rights and Additional Information

California Data Access and Deletion Rights

If you are a California resident, the California Consumer Privacy Act (“CCPA”) allows you to make certain requests about your personal information (as defined in the CCPA). Specifically, the CCPA allows you to request that we:

  • Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third-parties with whom we share/disclose personal information. 
  • Provide access to and/or a copy of certain personal information we hold about you.
  • Delete certain personal information we have about you.
  • Provide you with information about the financial incentives that we offer to you, if any.

Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide our Website to you.

  • Verification: Depending on the sensitivity of the information you are requesting and the type of request you are making, we will take reasonable steps to verify your identity based on the information that we currently possess. This may include, at a minimum, verifying your contact information and matching it with our records.
  • Authorized Agent: You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. 

The CCPA further provides you with the right not to be discriminated against (as provided for by applicable law) for exercising your access or deletion rights.

If you would like to exercise these rights please contact us as privacy@tusimple.ai.

California “Shine the Light” Disclosure

If you are a California resident you have the right to request information from TuSimple regarding the manner in which TuSimple shares certain categories of your personal information with third-parties, for the third-parties’ direct marketing purposes. We do not share personal information for such purposes.

Updates

We reserve the right to make changes to this Privacy Policy from time to time and for any reason. You should check this Privacy Policy regularly to see if there have been any changes. We will alert you about any changes by updating the “Updated” date of this Privacy Policy. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted changes in any revised Privacy Policy by your continued use of the website after the date the revised Privacy Policy is posted.

Questions and Comments

If you have questions or comments about this Privacy Policy, please email us at privacy@tusimple.ai.


TuSimple Privacy Statement for Applicants and Candidates

This Privacy Statement explains what information we collect during the application and recruitment process, how we use that information, and how you may access and update it.

Scope

TuSimple’s hiring process consists of multiple steps designed to evaluate your skills and qualifications for a particular position. When you choose to participate in the TuSimple hiring process, TuSimple may collect or obtain personal information about you. This information may include:

  • Name, address, email address, telephone number, and other contact information
  • Resume or CV and employment history
  • Driving history (where applicable)
  • Voluntary demographic information, including gender, race, ethnicity, citizenship, and/or nationality
  • Veteran status
  • Health information (only if required by law)
  • A government-issued ID (only where required by job responsibilities)
  • US Work Authorization Documentation

TuSimple will use the information that you provide to assist in our recruitment and hiring process, including the following:

  • Evaluating you for current and future job opportunities, including matching your skills and interests to applicable job requirements; 
  • Communicating with you throughout the hiring process; 
  • Complying with applicable laws, regulations, legal processes or government requests or inquiries; and 
  • Improving our hiring and/or recruitment processes, including improving our diversity and inclusion efforts. 
  • If you are offered and accept employment with TuSimple, information collected about you during the hiring process may become part of your employment record.

Data Retention and Deletion

We will retain your personal information for the period necessary to fulfill the purposes outlined in this statement unless longer retention is required by law or for auditing purposes. 

Privacy Inquiries and Correcting Your Information

If you have concerns or questions about this Privacy Statement for Applicants and Candidates or about TuSimple’s privacy practices, you may contact us at privacy@tusimple.ai

In some places, you may have certain rights under data protection law. These may include the right to have your information updated or deleted, to access your information, or to object to TuSimple using it for certain purposes.

If you wish to access, correct, or delete your information, please contact privacy@tusimple.ai. We will process requests in accordance with applicable law, and there may be circumstances where we are not able to comply with your request.

Updates to Privacy Statement

We may update this Privacy Statement from time to time. We will post any changes to this policy to this page.