China Privacy Notice

SCOPE OF NOTICE 

This China 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 People’s Republic of China (“China”). 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 “you“). 

If you are located in China, the privacy laws in China, including the Personal Information Protection Law of China (“PIPL”), 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 type of personal information do we collect? 

Under the PIPL, "personal information" means any information, whether recorded in electronic or another format, that relates to an identified or identifiable natural person, excluding anonymised information. "Sensitive personal information " means personal information that, if leaked or if used illegally, is likely to cause harm to a natural person's personal dignity or endanger his or her personal safety or the safety of his or her property.  

Please see the “What type of personal data do we collect” section of our Website Privacy Policy for a description of the categories of personal information handled by ESI. ESI may also collect your sensitive personal information, such as financial information (e.g. payment information), biometric information (e.g. security camera images), location data (e.g. device IP address), and the personal information of children, as set out in the Website Privacy Policy, but only after providing you with notice and obtaining your consent as required under PIPL.  

PURPOSES FOR USING PERSONAL DATA 

We collect and process your personal information, including sensitive personal information, for specified, explicit and reasonable purposes and to the extent relevant to the purposes of processing, as set out in our Website Privacy Policy.  

If the purposes are modified, ESI will take the necessary measures as required by the PIPL, including obtaining separate consent.  

We may process your personal information for the purposes set out in the “How do we use the personal data that we receive” sections of our Website Privacy Policy if one of the following applies: 

  • with your prior consent to the processing for one or more specific purposes as set out in our Website Privacy Policy; 

  • processing of your personal information is necessary to conclude or perform a contract to which you are party, or for human resources management in accordance with the labor rules and regulations established in accordance with the law; 

  • processing is necessary for compliance with any statutory duties or legal obligations; 

  • processing is necessary in order to, in an emergency, protect the lives, health or property of natural persons; 

  • your personal information has been made public by you or has otherwise been lawfully made public, the processing is done pursuant to the PIPL and the extent the processing is reasonable; or 

  • the processing is done in other circumstances provided for in applicable laws or administrative regulations.  

SHARING PERSONAL DATA 

As set out in the “How do we share your personal data” section in our Website Privacy Policy, we may share certain personal information internally with our affiliates or with third parties, such as suppliers and vendors. When required by applicable law, before sharing your personal information with any third parties we will notify you of the name and contact details of the third parties, the types of personal information to be shared, and the purposes and means of processing and sharing the personal information. We will also obtain your prior consent to the sharing of personal information where required by applicable law.  

We will only share your personal information for specific and definite purposes pursuant to the principles of lawfulness, fairness, necessity and good faith, and only share the personal information to the extent necessary for the specific purposes you are informed of.  

TRANSFER OF PERSONAL DATA  

For residents of China, we may transfer your following personal information outside of China to, for example, ESI’s US headquarters (i.e., Element Solutions Inc, 500 East Broward Boulevard, Suite 1860, Fort Lauderdale, Florida 33394, United States. Email: DPPA@MacDermid.com) and/or to regional headquarters for the purpose of ensuring service experience on the ESI website, business-related communication, marketing and managing customer contact information based on the ESI group standard by means of using SaaS services provided by third parties (such as Adobe Analytics, Oracle and SFDC): 

  • Cookie data (The first three of the four octets of the device’s IP address collected from the ESI China website, and the unique identifier of the device generated by Adobe Analytics); 

  • General personal information of customer contacts: name, email address, work phone number, work address, company name, industry, position/responsibilities, social media accounts.  

To the extent that we transfer your personal information with any recipient that is based outside of China, we will obtain your prior separate consent before transferring such personal information, but only if consent is chosen as the lawful basis for the transfer.  

We will only transfer your personal information to the extent necessary and will work with the overseas recipient to process it in a secure manner to protect your legitimate interests and to avoid causing harms to you.  

Under our agreement for cross-border transfer of personal information with the overseas recipient, you could be considered a third-party beneficiary and could be entitled to exercise the third-party beneficiary rights if you do not expressly refuse within 30 days.  

RETENTION OF PERSONAL DATA 

We and the overseas recipient will only retain your personal information for the minimum necessary retention period unless otherwise required by applicable laws. For further information, please see the “How long do we retain your personal data” section of our Website Privacy Policy. 

PERSONAL INFORMATION OF MINORS  

In China, ESI does not normally collect the personal information of children under the age of 14. If we do, we will require proper consent from a parent or legal guardian, and we will verify such consent through proper methods prescribed under laws. In this regard, we may request for name and other information relating to the parent or legal guardian to the extent required to verify proper consent. If we learn that we have collected children's personal information without legal guardians’ consent, we will delete it from our systems.  

YOUR CHOICES AND RIGHTS  

You have the right to make decisions on the processing of your personal information. In addition to your rights set out in our Website Privacy Policy, you may also request for explanation of our personal information processing rules.  

You also have the right to exercise your personal information rights over the overseas recipient by submitting a request at DPPA@MacDermid.com.  

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