EU and Swiss Privacy Shield Policy
Effective: Feb. 14, 2020
EU and Swiss Privacy Shield Policy
This Policy is intended to supplement the Company’s Statement on Personal Data Privacy for personal data transfers between the EU, the UK, or Switzerland and the United States.
Huntsman International LLC and its U.S. subsidiaries and affiliates, which include:
- Demilec [USA], Inc.
- Nanocomp Technologies, Inc.
- Huntsman Advanced Materials Americas LLC
- Huntsman Ethyleneamines LLC
- Huntsman Petrochemical LLC
- Rubicon LLC
(collectively, “Huntsman” or the “Company”) respect your concerns about privacy. Huntsman complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the EU, the UK, and Switzerland respectively to the United States. If there is any conflict between the terms of this Policy and the Privacy Shield principles, the Privacy Shield principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/(https://www.privacyshield.gov/.For purposes of Privacy Shield compliance enforcement, Huntsman acknowledges that it is subject to the investigatory and enforcement powers of the United States Federal Trade Commission (FTC).
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, the UK, or Switzerland.
“Consumer” means any natural person who is located in the EU, the UK, 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.
“Personal Data” means any information that (i) is transferred to Huntsman in the U.S. from the EU, the UK, 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.
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.
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.
Third Party Disclosures
We do not disclose any Personal Data about you collected pursuant to this Policy to any third parties except as stated in this Policy, as otherwise permitted by law, or authorized by you.
Generally: Third parties to whom we disclose information are required by law and contractual undertakings to keep your Personal Data confidential and secure, and to use and disclose it for purposes that a reasonable person would consider appropriate in the circumstances, in compliance with all applicable legislation. If these third parties wish to use your Personal Data for any other purpose, they will have a legal obligation to notify you of this and, where required, to obtain your consent.
Service Providers: We may disclose Personal Data to fulfill any of the purposes provided for in this Policy. Because a number of the service providers we use are located in the United States, your Personal Data will be processed and stored inside the United States; and the U.S. government, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your Personal Data under U.S. laws.
Other Legally Required Disclosures: Huntsman reserves the right to disclose without your prior permission any Personal Data about you or your use of this Site if Huntsman has a good faith belief that such action is necessary: (a) to protect and defend the rights, property, or safety of Huntsman, employees, other users of this Site, or the public; (b) to enforce the terms and conditions that apply to use of this Site; (c) as required by a legally valid request from a competent governmental authority; or (d) to respond to claims that any content violates the rights of third parties. We may also disclose Personal Data as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request.
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. If Huntsman collects any Personal Data for a purpose outside the purposes specified in this Policy, we will provide you with notice of such data practices at the time we collect such Personal Data.
Huntsman generally does not rely on consent as the basis for processing. We usually rely on our legitimate interest in providing our products and services as the fair and lawful basis for processing Personal Data. However, there may be times when we do rely on consent for such processing. Your knowledge of and consent to Huntsman’s collection, use, and disclosure of your Personal Data is important when we use consent as a basis for processing Personal Data. We rely on your voluntary provision of Personal Data to us directly as the indication of your consent to our Personal Data handling practices.
Where Huntsman relies on consent for the fair and lawful processing of Personal Data, the opportunity to consent will be provided when the Personal Data in question is collected. Your consent may be given through your authorized representative, such as a legal guardian, agent, or holder of a power of attorney.
Where Huntsman relies on consent for the fair and lawful processing of Personal Data, and subject to certain legal or contractual restrictions and reasonable notice, you may withdraw consent at any time. Huntsman will inform you of the consequences of withdrawing your consent. In some cases, refusing to provide certain Personal Data or withdrawing consent for Huntsman to collect, use, or disclose your Personal Data could mean that we cannot provide the requested services or information to you.
If you wish to withdraw consent please refer to the contact information section below.
However, there are a number of instances where Huntsman does not require your consent to engage in the processing or disclosure of Personal Data. Huntsman may not solicit your consent for the processing or transfer of Personal Data for those purposes which have a statutory basis, such as:
- The transfer or processing is in our legitimate interest for the provision of our products and services;
- The transfer or processing is necessary for the performance of a contract between you and Huntsman;
- The transfer or processing is necessary for the performance of a contract, concluded in your interest, between Huntsman and a third party;
- The transfer or processing is necessary or legally required on important public interest grounds; for the establishment, exercise, or defense of legal claims, or to protect your vital interests; or
- The transfer or processing is required by applicable law.
Huntsman will not disclose your Personal Data to third parties except as otherwise stated in this Policy.
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 or an adequacy finding from the European Commission, 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.
In all situations, Huntsman takes reasonable steps to ensure that your privacy is protected. Such steps include, but are not limited to, implementing privacy, security, and contractual controls, as well as steps noted above, as required by applicable law. To the extent that any Personal Data is sent out of an individual’s country of residence, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts, or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country, consistent with the 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 will use Personal Data only in ways that are compatible with the purposes for which it was collected or consented to by the individual. 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.
Huntsman will only store Personal Data for as long as it is needed to fulfill the purposes for which it was collected, subject to applicable data retention periods determined by Huntsman as a result of applicable law.
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 and Enforcement
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 relevant privacy 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. . This arbitration option may not be invoked if your same claimed violation (1) has previously been subject to binding arbitration, (2) was the subject of a final judgment entered in a court action to which you were a party, or (3) was previously settled by the Covered Person and Huntsman. In addition, this option may not be invoked where the relevant Data Protection Authority already has jurisdiction to resolve the complaint.
How to Contact Huntsman
You can request additional information on our GDPR and privacy-related activities by contacting us at https://www.huntsman.com/corporate/a/Home/Points%20of%20contact 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 it to the Huntsman Privacy Officer at the above contact information.
Updates to this Policy
Huntsman reserves the right to amend this Policy from time to time to reflect technological advancements, legal and regulatory changes, and Huntsman’s business practices, subject to applicable laws. If Huntsman changes its privacy practices, an updated version of this Policy will reflect those changes. Huntsman will provide notice of such changes by updating the effective date listed on this Policy. It is your responsibility to check this Policy frequently to view any amendments. Your continued interaction with Huntsman, in the activities covered above, will be subject to the then-current Policy.