EEA+ Privacy Notice

SCOPE OF NOTICE 

This EEA+ 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 European Economic Area (“EEA”), United Kingdom (“UK”) or Switzerland (together with the EEA and the UK, the “EEA+”). 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 the EEA, the EU General Data Protection Regulation (the “GDPR”) applies to the processing of your personal data as described in ESI’s Website Privacy Policy. If you are located in the UK, the UK General Data Protection Regulation (the “UK GDPR”) applies to the processing of your personal data. If you are located in the EEA or UK, references to the “GDPR” below are references to the General Data Protection Regulation as it applies in the country where you are located. If you are located in Switzerland, the provisions of the Swiss Federal Data Protection Act (the “FDPA”) apply to you, and references to the GDPR below shall be interpreted analogously for the purposes of applying the FDPA.  

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 as defined in the GDPR, including any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

Who Is the Data Controller? 

ESI or its respective subsidiary or affiliate is the controller of your personal data. The data controller will depend on who you are: a visitor of this website, an investor, or an ESI customer or supplier. 

  • For a visitor of this website or an investor, the data controller is Element Solutions Inc, 500 East Broward Boulevard, Suite 1860, Fort Lauderdale, Florida 33394, United States. 

  • For all other individuals, including contacts of customers and suppliers, the data controller is the legal entity that manages your business relationship with ESI. 

A list of ESI legal entities can be found in Exhibit 21.1 of ESI’s latest annual report on Form 10-K in the SEC Filings section of its website. 

All your personal data will be accessible from the United States and may be transferred within the Company, to respond to your inquiries, and offer you our products and services.  

What Are the Legal Bases for Processing? 

To the extent required by applicable law, we collect and process personal data of individuals located in the EEA+ only where there exists a legal basis for doing so. Such legal bases are as follows: 

  • It is in accordance with your consent, per Art. 6(1)(a) of the GDPR. 

  • It is necessary for us to perform a contract with you, including our website terms & conditions, or take steps at your request prior to entering into a contract including to manage our job application process, per Art. 6(1)(b) of the GDPR. 

  • It is necessary to comply with our legal obligations, per Art. 6(1)(c) of the GDPR, such as if we are required by law to disclose personal data to law enforcement agencies or governmental authorities. 

  • It is necessary for us or third parties to pursue legitimate interests that are not outweighed by your privacy and other fundamental interests, per Art. 6(1)(f) of the GDPR. Those legitimate interests are to provide you and other users of our services and products with a good and safe experience, administer and enforce our contractual and legal rights, develop new services and products that we can offer to you and others, manage our business operations and relationships with you and third parties, and to manage our job application process. 

  • It is necessary for our legitimate interests, per Art. 6(1)(f) of the GDPR, to exercise our legal rights or defend legal claims. 

  • It is necessary, per Art. 6(1)(f) of the GDPR, to give effect to a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider. 

PURPOSES FOR USING PERSONAL DATA 

ESI collects personal data through our sites to, among other things: 

  • Provide, customize, and improve the functionality of the site (legal basis: legitimate interests in improving our marketing efforts to grow our revenues); 

  • Provide you e-mail alerts, access to webcasts or other services (legal bases: consent, where required by applicable law; otherwise, our legitimate interests in promoting our company, products and services in order to grow our revenues); 

  • Fulfil sample requests or contractual obligations (legal bases: pre contract necessity); 

  • Security and safety purposes. 

TRANSFER OF PERSONAL DATA 

ESI is located in the United States and is governed by Delaware law in the United States. Your personal data may be transferred to, stored, and processed in the United States in connection with the use of and services provided on our sites. 

We intend to safeguard any transfer outside the EEA, Switzerland, Andorra, Argentina, non-public organizations in Canada, Faroe Islands, Guernsey, Israel, Isle of Man, Japan (for the EEA and UK), Jersey, New Zealand, the UK, or the Republic of Korea (for the EEA and UK) (or any other country deemed “adequate” by the European Commission, UK authorities, or under Swiss laws, as applicable) by appropriate measures, including contractual provisions based on approved standard contractual clauses. 

DATA RETENTION 

Your personal data will be retained for as long as necessary to provide you with the products or services requested. When we no longer need to use personal data, we will remove it from our systems and/or take steps to properly anonymize it so that you can no longer be identified from it, unless we need to keep your information, including personal data, to comply with statutory retention periods (e.g. for finance or tax purposes for a legally prescribed time period thereafter, or if we need it to preserve evidence within statutes of limitation). 

USERS’ RIGHTS 

Subject to the conditions set forth in applicable law, you have the following rights with regard to our processing of your personal data: 

  • Right to request from us access to personal data: You have the right to confirm with us whether your personal data is processed, and if it is, to request access to that personal data, including the categories of personal data processed, the purpose of the processing and the recipients or categories of recipients. You have the right to obtain a copy of the personal data undergoing processing. However, this is not an absolute right and the interests of other individuals may restrict your right of access. 

  • Right to rectification: You have the right to obtain from us rectification of inaccurate or incomplete personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement. 

  • Right to erasure of your personal data (right to be forgotten): You have the right to ask us to erase personal data concerning you. 

  • Right to restriction of processing: In limited circumstances, you have the right to request that we restrict processing of your personal data. 

  • Right to data portability: You may have the right to receive personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit that personal data to another entity without hindrance from us. 

  • Right to object: Under certain circumstances you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data, by us and we can be required to no longer process your personal data. 

Moreover, if your personal data is processed for direct marketing purposes and/or other business-related practices, such as product services and technical support, you have the right to object at any time to the processing of personal data concerning you for such marketing. In this case your personal data will no longer be processed for such purposes by us. 

You also have the right to lodge a complaint related to any alleged infringement with a supervisory authority of your respective country. 

For further information regarding your rights, or to exercise any of your rights (other than the right to lodge a complaint with an authority), please email DPPA@MacDermid.com or send postal mail to the following address: 

Element Solutions Inc 
500 East Broward Boulevard, Suite 1860 
Fort Lauderdale, Florida 33394 
United States 

EU GDPR REPRESENTATIVE 

MacDermid Performance Solutions Espanola SA is ESI’s representative in the European Union and may be contacted at Avda. de la Riera 36, Sant Just Desvern, Barcelona, Spain, email: DPPA@MacDermid.com. 

GERMAN DATA PROTECTION OFFICER 

To contact ESI’s German Data Protection Officer, please email dpo-macdermid@kinast.eu or post to: 

Dr. Karsten Kinast, LL.M. 
KINAST Rechtsanwaltsgesellschaft GmbH 
Hohenzollernring 54  
50672 Cologne - Germany 
Telephone: +49 221 - 222 183 0 

CONTACT 

If you have questions about this Notice, please contact us at DPPA@MacDermid.com. 

 

Effective Date: May 10, 2024