EU and Swiss Privacy Shield Policy
Effective: April 14, 2017
EU and Swiss Privacy Shield Policy
Huntsman International LLC and its U.S. subsidiaries and affiliates, which include
Huntsman Advanced Materials Americas LLC
Huntsman Ethyleneamines LLC
Huntsman International Fuels LLC
Huntsman Petrochemical LLC
Huntsman Propylene Oxide LLC
Huntsman Purchasing, Ltd
Huntsman Surfactants Technology Corporation
For purposes of this policy:
“Associate” means any current, former or prospective employee, temporary worker, intern, other non-permanent employee, contractor or consultant of any subsidiary or affiliate of Huntsman who is located in the EU or Switzerland.
“Consumer” means any natural person who is located in the EU or Switzerland.
“Covered Person” means any Consumer, but excludes any individual acting in his or her capacity as an Associate.
“Customer” means any entity that obtains or purchases products or services from Huntsman, including any distributor of Huntsman’s products.
“Job Applicant” means any Consumer who submits an application for a job at Huntsman.
“Personal Data” means any information that (i) is transferred to Huntsman in the U.S. from the EU or Switzerland, (ii) is recorded in any form, (iii) relates to an identified or identifiable Covered Person; and, (iv) can be linked to that Covered Person.
“Sites” means www.huntsman.com, www.huntsmanservice.com or any other Huntsman internet site.
“Vendor” means any company or individual Huntsman has retained to provide it with services or a product.
For information about Huntsman’s processing of Personal Data obtained through the Sites, please see our Huntsman Online Privacy Notice. For additional information about Huntsman’s processing of Personal Data about Job Applicants, please see our Privacy Notice: Notice about the Processing of Personal Data of Applicants.
Huntsman’s practices regarding the collection, storage, use, transfer, and other processing of Personal Data comply, as appropriate, with the principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and, recourse, enforcement and liability.
How Huntsman Obtains and Uses Personal Data
Huntsman may obtain, process and use certain Personal Data about Covered Persons in connection with:
providing our products and services
processing business transactions and related activities
managing Customer and Vendor relationships
responding to Covered Persons’ inquiries or communicating with Covered Persons’ about requests, questions and comments
administering participation in special events, conferences, programs, surveys and market research
Covered Persons’ use of the Sites
sending an Investor Kit, financial information or other corporate information about Huntsman
sending information to a Covered Person’s contacts if he or she has asked us to do so
enforcing contractual terms and conditions
operating, evaluating and improving our business (including developing new products and services; enhancing and improving our products and services; managing our communications; analyzing our products and services; and performing accounting, auditing, financial and economic analyses, and other internal functions)
protecting against, identifying and preventing fraud and other unlawful activity, claims and other liabilities, and
complying with and enforcing applicable legal requirements, relevant industry standards and our policies.
In addition, Huntsman may obtain Personal Data directly from Job Applicants as part of the recruitment process or otherwise in connection with potential employment. Huntsman uses this information for purposes such as processing job applications and considering Job Applicants for employment.
We also may use information obtained from Covered Persons in other ways for which we provide specific notice at the time of collection.
The Company notifies Covered Persons about the purposes for which we collect and use their Personal Data, the types of third parties to whom we disclose the Personal Data, the choices Covered Persons have for limiting our use and disclosure of their Personal Data, and how to contact us about our practices concerning Personal Data. We provide information in our Huntsman Online Privacy Notice regarding our practices related to Personal Data collected on the Sites. For additional information about our processing of Personal Data about Job Applicants, please see our Privacy Notice: Notice about the Processing of Personal Data of Applicants.
Relevant information also may be found in privacy notices pertaining to specific data processing activities.
We offer Covered Persons the opportunity to choose (opt out) whether we may (i) disclose their Personal Data to certain third parties or (ii) use their Personal Data for purposes incompatible with the purposes for which the information was originally collected or subsequently authorized by the Covered Person. We may disclose Personal Data without offering an opportunity to opt out (i) to service providers the Company has retained to perform services on our behalf and under our instruction, (ii) if we are required to do so by law or legal process, (iii) to law enforcement or other public authorities including to meet national security or law enforcement requirements, or (iv) when we believe disclosure is necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer Personal Data in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation). We use Personal Data only for the purposes indicated in this Policy unless we have a legal basis, such as consent, to use it for other purposes. To the extent required by law, we obtain prior opt-in consent from Covered Persons at the time of collection for the processing of (i) Personal Data for marketing purposes, (ii) when Personal Data is to be used for a purpose that is materially different from the purpose for which it was originally collected or subsequently authorized; and, (iii) sensitive data.
Covered Persons may contact us as indicated below regarding the Company’s use or disclosure of their Personal Data.
Onward Transfer of Personal Data
We may regularly share Personal Data with third parties as indicated in the “Choice” section above, such as for the purposes of administration and reconciliation of Vendor-related invoices or business-related travel expenses or, auditing by a third-party auditor or, to conduct or send business-related surveys and communications or, to preserve or defend the Company’s legal rights following business-related demands or litigation. Except as permitted or required by applicable law, we require third parties to whom we disclose Personal Data and who are not subject to the Regulation (EU) 2016/679 of the Parliament (EU GDPR), European Union Data Protection Directive 95/46 or an adequacy finding, to either subscribe to the Privacy Shield program or contractually agree to provide at least the same level of protection for Personal Data as is required by the relevant privacy principles. Except as permitted by the Privacy Shield principles, the Company retains liability for third-party processing of Personal Data in a manner inconsistent with the principles of the Privacy Shield.
Where appropriate, Huntsman provides Covered Persons with reasonable access to the Personal Data the Company maintains about them to verify its accuracy and lawful uses. We also provide a reasonable opportunity for Covered Persons to correct, amend or delete that information where it is inaccurate or used inconsistent with the principles of the Privacy Shield program. We may limit or deny access to Personal Data where providing such access is unreasonably burdensome or expensive under the circumstances, or as otherwise permitted by the Privacy Shield program. The right to access Personal Data also may be limited in some circumstances by local law requirements.
Covered Persons may request access to their Personal Data by contacting us as indicated below.
Huntsman takes reasonable precautions to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose
Huntsman takes reasonable steps to ensure that the Personal Data the Company processes are (i) relevant for the purposes for which they are to be used, (ii) reliable for their intended use, and (iii) accurate, complete and current. In this regard, we depend on Covered Persons (or Customers or Vendors, as appropriate) to update and correct Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized by the individuals.
Covered Persons (or Customers or Vendors, as appropriate) may contact us as indicated below to request that we update or correct relevant Personal Data.
Recourse, Enforcement and Liability
Huntsman has established procedures for periodically verifying implementation of and compliance with the Privacy Shield principles. We conduct an annual self-assessment of our Personal Data practices to verify that the attestations and assertions we make about our privacy practices are true and that our privacy practices have been implemented as represented. In the event we no longer maintain Privacy Shield certification, we will continue to adhere to the principles and requirements for so long as we retain such Personal Data.
Covered Persons may file a complaint concerning our processing of their Personal Data with the Company’s Privacy Officer, whose contact information is below. We will take steps to investigate and to promptly respond within forty-five (45) days to issues arising out of a failure to comply with the Privacy Shield principles. The form below can be used to initiate an internal complaint regarding the Company’s Personal Data practices. If a Covered Person’s complaint cannot be resolved or remedied through our internal processes, we will cooperate, at no cost to the Covered Person, with JAMS, an alternative dispute resolution provider based in the U.S., whose website and dispute resolution process can be found at www.jamsadr.com/eu-us-privacy-shield. The Covered Person also may refer the matter through the Swiss Federal Data Protection and Information Commissioner or their local data protection authority to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement jurisdiction over Huntsman and can hear claims regarding possible unfair or deceptive practices and violations of privacy laws.
If a Covered Person continues to have concerns related to Privacy Shield Data handling practices, as a last resort, the decisions of the alternative dispute resolution provider may be appealed to a Privacy Shield Panel, which will have the authority to arbitrate disputes and to impose individual-specific non-monetary equitable relief to remedy any non-compliance with the principles of the Privacy Shield. A Covered Person may invoke such binding arbitration for those certain Privacy Shield related purposes by following the procedure provided to the Covered Person by the Company at the initiation of the internal complaint.
How to Contact Huntsman
For access requests or to ask questions about this Privacy Shield Policy or the Company’s Personal Data practices, please send an email to firstname.lastname@example.org or contact our Privacy Officer at:
Huntsman International LLC
Attention: Privacy Officer
Wade Rogers, Senior Vice-President, Global HR
10003 Woodloch Forest Drive
The Woodlands, Texas 77380 USA
Phone: (281) 719-6000; Fax: (281) 719-4045
To initiate a compliant about the Company’s Personal Data practices, please complete the complaint form and send, fax or email it to the Huntsman Privacy Officer at the above contact information.