California Privacy Notice

SCOPE OF NOTICE 

This California Privacy Notice (the “Notice”) is provided by Element Solutions Inc (together with its affiliates and subsidiaries, referred to herein as “ESI,” “we,” “our,” the “Company” or “us“)and applies solely to residents of the State of California with specific information regarding the Company’s collection, use and disclosure of their personal data. We recognize the importance of data privacy to our customers, suppliers, potential employees and other individuals visiting our websites or providing us with personal data (collectively referred to herein as “consumers” or “you“). 

If you are located in California, the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”) applies to the processing of your personal data.  

This Notice should be read in conjunction with ESI’s Website Privacy Policy. In the event of any conflict or inconsistency between the provisions of this Notice and the Website Privacy Policy, the provisions of this Notice shall prevail.  

What is personal data?  

In this Notice, “personal data” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household (i.e., we use “personal data” in the same manner as “personal information” is defined under the CCPA). It does not include publicly available information as defined by the CCPA. 

What isn’t covered by this Notice?  

This Notice does not apply to our collection of consumer credit reports and background checks, publicly available information lawfully made available from state or federal government records or that we have reason to believe was made publicly available by the individual, or other information that is exempt under the CCPA. 

CATEGORIES OF DATA THAT WE COLLECT, DISCLOSE AND SELL 

Our collection, use, and disclosure of personal data about California residents will vary depending upon the circumstances and the nature of our interactions or relationship with such resident. The chart below describes the categories of personal data the Company collects, discloses for a business purpose, and “sells.” 

Note that under the CCPA’s broad definition of “sell” and “share” the use of cookies and other tools for website analytics, targeted advertising, product services and technical support may be considered “selling” or “sharing” of personal data. In the chart below, the categories of personal data that we “sell” or “share” are related to our use of analytics and ad cookies. We do not disclose personal data to third parties in exchange for money. 

Category of personal information 

From what source did we collect? 

Did we disclose? If so, to whom and for what purpose? 

Non Sensitive Personal Information 

  

Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, social security number, driver’s license number, passport number, or other similar identifiers. 

Job applicants, website visitors, customers, prospective customers, corporate representatives of our vendors, and employees. 

Yes, to our affiliates and employees, third party service providers, to customers and prospective customers. 
We disclose this information to receive services including to procure services for our employees such as health insurance and other benefits, to facilitate corporate transactions, and to comply with the law. 

Any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her 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, medical information solely related to disability but excluding publicly available information that is lawfully made available to the general public from federal, state, or local government records. (The categories of personal information described in the California Customer Records Act (Cal. Civ. Code § 1798.80(e)) 

Job applicants, website visitors, customers, prospective customers, corporate representatives of our vendors and other partners, and employees. 

Yes, to our affiliates and employees, third party service providers, to customers and prospective customers. We disclose this information to receive services including to procure services for our employees such as health insurance and other benefits, to facilitate corporate transactions, and to comply with the law or to protect you or others. 

Characteristics of protected classifications under California or federal law. 

Job applicants and employees. 

Yes, to our affiliates, employees and third-party service providers. 
We disclose this information to receive services, to facilitate corporate transactions, and to comply with the law or to protect you or others. 

Commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. 

Customers and prospective customers. 

Yes, to our affiliates, employees and third-party service providers. 
We disclose this information to receive services, to facilitate corporate transactions, and to comply with the law. 

Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement. 

Website visitors, customers, prospective customers, corporate representatives of our vendors and other partners, employees, and job applicants. 

Yes, to our affiliates, employees, and third-party service providers. 
We disclose this information to receive services, to facilitate corporate transactions, and to comply with the law. 

Geolocation data. 

Job applicants, customers, prospective customers, website visitors, employees, and corporate representatives of our vendors 

Yes, to our affiliates, employees, and third-party service providers. 
We disclose this information to receive services, to facilitate corporate transactions, and to comply with the law. 

Professional or Employment related information. 

Job applicants, customers, prospective customers, corporate representatives of our vendors, and employees. 

Yes, to our affiliates, employees, and third-party service providers. 
We disclose this information to receive services, to facilitate corporate transactions, and to comply with the law. 

Education information, defined as information that is not publicly available 

Job applicants and employees. 

Yes, to our affiliates, employees, and third-party service providers. We disclose this information to receive services, to facilitate corporate transactions, and to comply with the law. 

Sensitive Personal Information 

  

A consumer’s social security, driver’s license, state identification card, or passport number. 

Job applicants and employees. 

Yes, to our affiliates, employees, and third-party service providers. 
We disclose this information to receive services, to facilitate corporate transactions, and to comply with the law. 

A consumer’s racial or ethnic origin. 

Job applicants and employees. 

Yes, to our affiliates, employees, and third-party service providers. 
We disclose this information is to receive services, to facilitate corporate transactions, and to comply with the law. 

Personal information collected and analyzed concerning a consumer’s health 

Job applicants and employees. 

Yes, to our affiliates, employees, and third-party service providers. 
We disclose this information to receive services, to facilitate corporate transactions, and to comply with the law or to protect you or others. 

Personal information collected and analyzed concerning a consumer's sex life or sexual orientation. 

Employees. 

Yes, to our affiliates and employees. 
We disclose this information to provide benefits, diversity, equity and inclusion services to our employees and to comply with the law. 

 

Please see the “What type of personal data do we collect” and “How do we use the personal data that we receive” sections of our Website Privacy Policy for information regarding the type and purposes for which we collect your personal data. 

Please see the “How do we share your personal data” section of our Website Privacy Policy for information on the categories of third parties with whom we share your personal data. 

SOURCES OF PERSONAL DATA 

As further described in the “What type of personal data do we collect?” section of our Website Privacy Policy, we may collect personal data from the following sources: 

  • directly from the individual 

  • cookies 

  • email interactions and analytics 

  • technical information 

  • website user information 

  • location information 

  • third parties 

RETENTION OF PERSONAL DATA 

As further described in the “How long do we retain your personal data” section of our Website Privacy Policy, we retain the personal data we collect only as reasonably necessary for the purposes described in this Notice, or otherwise disclosed to you at the time of collection. 

DEIDENTIFICATION OF PERSONAL DATA 

Occasionally, we may deidentify personal data and use the deidentified information for our internal purposes. We commit to maintaining and using this information in deidentified form and will not attempt to reidentify the information except to determine whether our deidentification process is effective. 

RIGHTS REGARDING YOUR PERSONAL DATA 

As a California resident, you have the following rights under the CCPA, subject to certain exceptions: 

  • The right to know what personal information we have collected about you in the prior 12 (twelve) months, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you. You may exercise your right to know up to twice within a 12-month period, subject to certain exemptions and carveouts. 

  • The right to delete personal information that we have collected from you, subject to certain conditions and exceptions. 

  • The right to correct inaccurate personal information that we maintain about you, subject to certain restrictions. 

  • The right to opt-out of the “sale” or “sharing” of your personal information by us, as those terms are defined under the CCPA. We do not sell or share for cross-context behavioral advertising any of the categories of personal information that we collect about California residents. 

  • The right to limit our use and disclosure of sensitive personal information to purposes specified in Cal. Civil Code 1798.121(a). We do not use or disclose sensitive personal information for purposes other than those specified in Cal. Civil Code 1798.121(a).  

  • The right not to receive discriminatory treatment by the business for the exercise of privacy rights conferred by the CCPA, in violation of California Civil Code § 1798.125, including an employee's, applicant's, or independent contractor's right not to be retaliated against for the exercise of their CCPA rights. 

HOW TO EXERCISE CCPA RIGHTS 

If you are a California resident and would like to exercise your CCPA rights, you may do so via any of the methods described below: 

Methods of Submission and Instructions: To submit a request to exercise your rights to know, delete or correct, please email DPPA@MacDermid.com 

Verification: Only you, or someone legally authorized to act on your behalf, may make a request related to your personal information. You may designate an authorized agent by taking the steps outlined under "Authorized Agent" further below. In your request or in response to us seeking additional information, you, or your authorized agent, must provide sufficient information to allow us to reasonably verify that you are, in fact, the person whose personal information was collected which will depend on your prior interactions with us and the sensitivity of the personal information being requested. We may ask you for information to verify your identity and, if you do not provide enough information for us to reasonably verify your identity, we will not be able to fulfil your request. We will only use the personal information you provide to us in a request for the purposes of verifying your identity and to fulfill your request. 

Authorized Agents: You can designate an authorized agent to make a request under the CCPA on your behalf if: 

  • The authorized agent is a natural person or a business entity and the agent provides proof that you gave the agent signed permission to submit the request; and 

  • You directly confirm with the Company that you provided the authorized agent with permission to submit the request. 

If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4121 to 4130, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA. 

CHANGES TO THIS NOTICE 

This Notice is current as of the date set forth below. We may change this Notice from time to time, so please check back periodically. We will post any changes to this Notice on our Site.  

CONTACT US 

If you have any questions or comments about these disclosures or our practices, please contact us by email or post to: 

Element Solutions Inc 
500 East Broward Boulevard, Suite 1860 
Fort Lauderdale, Florida 33394, United States 
Email: DPPA@MacDermid.com 

 

Effective Date: May 10, 2024