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CALIFORNIA CONSUMER PRIVACY ACT PRIVACY NOTICE ADDENDUM (“Addendum”)

This Addendum is meant to supplement the provisions of AGC Chemicals Americas, Inc. (“AGC”) Privacy Policy found at Privacy Policy AGC. For information about AGC’s general data practices and the categories of information and data that we collect and share, as well as how we protect such information, please visit our Privacy Policy website.

The California Consumer Privacy Act of 2018, as amended (the “CCPA”), requires AGC to disclose certain additional information to California, U.S.A residents. This Section provides such additional information applicable to visitors, users and others who reside in the State of California, which may not apply to persons in other geographies.

Our Privacy Policy and this Addendum describe the particular types of data or information AGC may collect about you that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you (“Personal Information”). Personal Information is collected through various mediums such as websites operated by us, software applications made available by us for use on or through computers and mobile devices, our social media pages and apps that we control, HTML-formatted email messages that we send to you, and/or through offline interactions you have with us during normal the normal course of our business interactions such as forms that you may fill out. Collectively, we refer to these as “Services.”

Information We Collect.

Through the Services, AGC plans to collect or has collected (where noted) the following categories of Personal Information from its consumers within the last twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

YES

B. Customer Records Information.

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

NO

D. Transaction Information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

YES

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

K. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

Use of Personal Information.

We may use the above identified Personal Information to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including, for example, using Personal Information to: develop, improve, repair, and maintain our products and services, including our events and trainings; fulfill your requests and transactions; personalize, advertise, and market our products and services; conduct research, analytics, and data analysis; communicating for a business purpose; maintain our facilities and infrastructure; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform accounting, audit, and other internal functions; comply with law, legal process, and internal policies; and exercise and defend legal claims.

Sales of Personal Information.

In the preceding twelve (12) months, AGC has not sold any Personal Information.

Disclosure of Personal Information.

We share Personal Information with the following categories of third parties:

  • Affiliates.”  You can consult the list and location of our affiliated entities at the following site Group Companies Company AGC.
  • Service Providers.”  Our trusted third party service providers carry out activities at our direction, such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, marketing, advertising, auditing, and other services.  
  • Legal Authorities.”  We may share Personal Information to cooperate with public and government authorities, including law enforcement, and to protect and defend our legal rights and those of others.

In the preceding 12 months, we disclosed for our operational business purposes the following categories of Personal Information to the following categories of third parties:

Categories of Personal Information

Disclosed to Which Categories of Third Parties for Operational Business Purposes

Identifiers

Affiliates; Service Providers; Legal Authorities

Customer Records Information

Affiliates; Service Providers; Legal Authorities

Transaction Information

Affiliates; Service Providers; Legal Authorities

Online Use Information

Affiliates; Service Providers

Geolocation Data

Affiliates; Service Providers

Your CCPA Rights

Requests to Know and Delete

If you are a California resident, you may make the following requests:

(1)  “Request to Know” (Access and Data Portability)

You may request that we disclose to you the following information covering the 12 months preceding your request:

  • The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
  • The specific pieces of Personal Information we collected about you (also called a data portability request);
  • The business or commercial purpose for collecting or selling Personal Information about you;
  • The categories of Personal Information about you that we sold and, for each, the categories of third parties to whom we sold such Personal Information (if applicable); and
  • The categories of Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with which we shared or to which we disclosed such Personal Information (if applicable).

You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period.

(2)  “Request to Delete

You have the right to request that AGC delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. 

We may deny your deletion request if retaining the information is necessary for us, our Affiliates and/or our Service Provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.

Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights (Described in (1) and (2) above).
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as your name, email address, mailing address and how you desire to interact with us, in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your Personal Information. If you make a Request to Delete, we may ask you to verify your request before we delete your Personal Information.

Authorized Agents

If you want to make a request as an authorized agent on behalf of a California resident, you may use the submission methods noted above.  As part of our verification process, we may request that you provide, as applicable:

  • Proof of your registration with the California Secretary of State to conduct business in California;
  • A power of attorney from the California resident pursuant to Probate Code sections 4000-4465;
  • Written permission that the California resident has authorized you to make a request on the resident’s behalf.  This permission must be signed (via physical or e-signature) by the California resident.

If you are making a Request to Know or a Request to Delete on behalf of a California resident and have not provided us with a power of attorney from the resident pursuant to Probate Code sections 4000-4465, we may also require the resident to:

  • Provide you with a written permission signed by the resident to make the Request to Know or Request to Delete on the resident’s behalf;
  • Verify the resident’s own identity directly with us;
  • Directly confirm with us that the resident provided you permission to submit the Request to Know or Request to Delete.

Right to Non-Discrimination

You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

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