Last updated: August 30, 2023
This Data Privacy Framework Policy (“DPF Policy”) is intended to govern personal data transfers between the European Union (“EU”), the European Economic Area (“EEA”), the United Kingdom (“UK”) or Switzerland and the United States.
Huntsman International LLC and its U.S. subsidiaries and affiliates, which include:
- Huntsman Building Solutions (USA) LLC
- 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. Data Privacy Framework (“EU-U.S. DPF”) and the UK Extension to the EU-U.S. DPF (“UK DPF Extension”), and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce. Huntsman has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK DPF Extension. Huntsman has also certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles” and together with the “EU-U.S. DPF Principles”, the “Principles”) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Data Privacy Framework Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (“DPF”) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
For purposes of DPF 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 DPF Policy:
“Consumer” means any natural person who is located in the EU, the EEA, the UK or Switzerland.
“Covered Person” or “you” means any Consumer or natural person acting on behalf of a Customer or a Vendor, but excludes any individual covered by a separate Huntsman DPF policy.
“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, including Sensitive Data, that is transferred to Huntsman in the U.S. from the EU, the EEA, the UK or Switzerland, is recorded in any form, and relates to an identified or identifiable Covered Person.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life or any other information received from a third party that is identified and treated by that party as sensitive.
“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 (e.g. validating orders and subscriptions, processing payments, handling and fulfilling orders, providing Customer support)
- 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, monitoring content integrity on the Sites and preventing physical harm or financial loss
- complying with and enforcing applicable legal requirements, relevant industry standards and our policies
- establishing, exercising or defending of legal claims
- supporting the sale or transfer of all or a portion of our business or assets (including through bankruptcy)
- carrying out direct marketing activities (including via email, post, SMS, telephone or targeted online advertisements)
This Personal Data includes information such as:
- in case of Covered Persons registering or contacting Huntsman as an individual: name, email address, telephone number, address (or only city) and other information to follow up on a Covered Person’s request (“identification data”) and login credentials and possibly some information about the device used by a Covered Person to access the Sites or online services (“device data”)
- in case of Covered Persons registering or contacting Huntsman on behalf of a company: company identification data and business contact information
- any other Personal Data voluntarily provided by a Covered Person through the Sites (including through comments or question fields) or through social media
- in case of Covered Persons contacting via offline methods or other offline means to buy Huntsman’s products or services: identification data and payment data as relevant for the sale and delivery of the goods and services or to respond to that Covered Person’s query or complaint and, as far as necessary, for the handling and fulfilment of the order and ongoing provision of our services
- information automatically collected by the Sites through cookies and other tracking technologies that may constitute Personal Data, such as browser type, operating system, IP address, domain name, number of times a Covered Person visited the Sites, dates a Covered Person visited the Sites, date and time of an online request, the time required to download information requested by a Covered Person, error codes generated while the Covered Person’s browser is in contact with the Sites and the amount of time a Covered Person spent viewing the Sites
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 DPF Policy to any third parties except as stated in this DPF Policy, as otherwise permitted by law or authorized by you.
Generally: Third parties to whom we disclose information are required by law and/or contractual undertakings to keep your Personal Data confidential and secure, and to use and disclose it for purposes that a reasonable person would consider compatible in the circumstances with the purposes for which it was collected, in compliance with all applicable legislation.
Service Providers: We may disclose Personal Data to fulfill any of the purposes provided for in this DPF Policy. These include service providers assisting Huntsman in the process of completing an order and delivering your product; e-marketing service providers, hosting providers and/or other third parties to whom the relevant Huntsman entity subcontracts all of part of the relevant data processing to help manage Huntsman business and deliver services.
Other Third Parties: In order to fulfill the purposes provided for in this DPF Policy, Huntsman may also disclose Personal Data to other third parties, including governmental agencies and regulators (e.g., tax authorities), outside auditors (when conducting audits necessary to satisfy statutory requirements), external counsel, courts and other tribunals and government authorities (e.g. to preserve or defend the Company’s legal rights) or potential buyers or partners in connection with a merger, acquisition, bankruptcy or sale of all or substantially all of our assets, to the extent that this is necessary for the relevant process.
Because a number of these service providers and third parties are located in the United States, your Personal Data will be processed and stored inside the United States; 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.
Huntsman notifies Covered Persons about the participation of Huntsman in the DPF program, the type of Personal Data collected and the Huntsman US affiliates and subsidiaries who adhere to the Principles, our commitment to subject to the Principles all Personal Data received from the EU, the EEA, the UK and Switzerland in reliance on the DPF, the purposes for which we collect and use your Personal Data, the types of third parties to whom we disclose the Personal Data and the purposes for doing so, your right to access your Personal Data and the choices and means you have for limiting the use and disclosure of your Personal Data and how to contact Huntsman with any inquiries or complaints about our practices concerning Personal Data and the available redress avenues. Huntsman also notifies Covered Persons of the independent dispute resolution body designated by Huntsman to address complaints and provide appropriate recourse free of charge, that we are subject to the investigatory and enforcement powers of the FTC, when you can invoke binding arbitration, that Huntsman must disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and of our potential liability in cases of onward transfers to third parties.
If Huntsman collects any Personal Data for a purpose outside the purposes specified in this DPF 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 other legal basis to process Personal Data, including where:
- the transfer or processing is necessary for the performance of a contract or for taking steps to enter into a contract with a Covered Person;
- the transfer or processing is required to comply with a relevant legal or regulatory obligation imposed on Huntsman; and
- the transfer or processing is in Huntsman’s legitimate interest in providing our products and services and/or for the establishment, exercise or defense of legal claims.
However, there may be times when we do rely on consent for processing some of your Personal Data, in which case, your knowledge of, and consent to, Huntsman’s collection, use and disclosure of your Personal Data is important and the opportunity to consent will be generally 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, you may withdraw consent, and therefore prevent that processing, at any time in accordance with applicable laws.
Covered Persons are also entitled to opt-out where your Personal Data is to be disclosed by Huntsman to third parties (unless these third parties act as agents performing tasks on behalf of and under the instructions of Huntsman) in accordance with this DPF Policy or where your Personal Data is to be used for a purpose that is materially different from the purposes for which it was originally collected or subsequently authorized by you.
Unless otherwise permitted by the law, Huntsman will seek your express consent to proceed with the disclosure to any such third parties or to process Personal Data for any such materially different purpose, if and to the extent that the relevant Personal Data includes Sensitive Data. Certain circumstances where we may not be required to obtain opt-in consent with respect to Sensitive Data could occur when the processing is (i) in the vital interest of the Covered Person or another person; (ii) necessary for the establishment of legal claims or defenses; (iii) required to provide medical care or diagnosis; or (iv) related to Personal Data that has obviously been made public by the Covered Person.
Covered Persons are also entitled to opt-out from the processing for direct marketing purposes at any time, subject to reasonable limits (such as giving Huntsman reasonable time to make the opt-out effective or providing Huntsman with sufficient information to confirm the identity of the individual requesting the opt-out) or unless otherwise provided by applicable laws.
If you wish to opt-out or withdraw consent please refer to the contact information section below.
- Onward Transfer of Personal Data.
The Huntsman Online Privacy Notice describes the internal sharing or processing of Personal Data for all Covered Persons globally and further explains when third-party disclosures of Personal Data may be required or permitted by applicable laws. Huntsman may also regularly share Personal Data with third parties as indicated above.
Except as permitted or required by applicable law, we require third parties to whom we disclose Personal Data and who are not subject to Regulation (EU) 2016/679 of the European Union or an adequacy finding from the European Commission, to either subscribe to the DPF program or contractually agree to provide at least the same level of protection for Personal Data as is required by the 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 Principles, the Company retains liability for third-party processing of Personal Data in a manner inconsistent with the Principles.
Where appropriate, Huntsman provides Covered Persons with access to the Personal Data the Company maintains about them to verify its accuracy and lawful uses. We also provide an opportunity for Covered Persons to correct, amend or delete that information where it is inaccurate or used inconsistent with the Principles. 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 DPF 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 put in place appropriate physical, electronic and managerial procedures 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 Limitation.
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 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 DPF certification, we will continue to adhere to the relevant privacy principles and requirements for so long as we retain such Personal Data.
In compliance with the EU-U.S. DPF, the UK DPF Extension and the Swiss-U.S. DPF, Huntsman commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU, EEA, UK and Swiss individuals with inquiries or complaints regarding our handling of Personal Data received in reliance on the EU-U.S. DPF, the UK DPF Extension and the Swiss-U.S. DPF should first contact 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 Principles.
In compliance with the EU-U.S. DPF, the UK DPF Extension and the Swiss-U.S. DPF, Huntsman commits to refer unresolved complaints concerning our handling of Personal Data received in reliance on the EU-U.S. DPF, the UK DPF Extension and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-data-privacy-framework for more information or to file a complaint. The services of JAMS are provided at no cost to you.
The Covered Person also may refer the matter through the Swiss Federal Data Protection and Information Commissioner, the UK Information Commissioner’s Office (ICO), or their EU or EEA local data protection authority, as applicable, to the U.S. Federal Trade Commission, which has DPF 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 DPF data handling practices, as a last resort, the decisions of the alternative dispute resolution provider may be appealed to a DPF 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. A Covered Person may invoke such binding arbitration for those certain DPF related purposes, subject to the conditions provided by the Principles, 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 the Covered Person was 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/contact or contact our Privacy Officer at:
Huntsman International LLC
Attention: Privacy Officer
10003 Woodloch Forest Drive
The Woodlands, Texas 77380 USA
Phone: (281) 719-6000
Email: e-mail: firstname.lastname@example.org
To initiate a compliant about the Company’s Personal Data practices, please complete a Data Subject Access Request form located at https://www.huntsman.com/privacy/data-request or DPF complaint form and send it to the Huntsman Privacy Officer at the above contact information.
You can contact Huntsman’s representative in the EEA at:
Huntsman International (Germany) GmbH
Attention: Human Resources
Land Au 30
- Updates to this DPF Policy.
Huntsman reserves the right to amend this DPF 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 DPF Policy will reflect those changes. Huntsman will provide notice of such changes by updating the effective date listed on this DPF Policy. It is your responsibility to check this DPF Policy frequently to view any amendments. Your continued interaction with Huntsman, in the activities covered above, will be subject to the then-current DPF Policy.