Website Privacy Policy | Element Solutions Inc (ESI)

Element Solutions Inc (together with its affiliates and subsidiaries, referred to herein as “ESI,” “we,” “our,” the “Company” or “us“) is a global, diversified producer of high technology specialty chemical products and provider of technical services with headquarters in the United States and presence in several countries, including countries within the European Economic Area, the United Kingdom, Switzerland and 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“).

This Website Privacy Policy (the “Privacy Policy”) describes our policy regarding the privacy of your personal data when visiting our websites, submitting employment applications, and otherwise providing personal data to us at events, trade shows, or in connection with product or service inquiries.

Additional information for visitors who are EEA/UK residents is available here.

Additional information for visitors who are California residents is available here.

Additional information for visitors who are China residents is available here.

In the event of any conflict or inconsistency between this Privacy Policy and the additional information provided for EEA/UK, California and China residents (each, a “Supplement”), the provisions of the applicable Supplement shall prevail.

What type of personal data do we collect?

The information that we learn from you helps us to continually improve your user experience. Below are the types of personal data that we gather:

(1) Information that you provide to us.

a. Contact Information: You might provide contact information on our websites, disclose by email or over the phone, at events and trade shows, or while interacting with our employees. This can include name, title, employer, email address, postal address and phone number. If you are a website visitor, we may obtain your personal data from the following sources:

from you directly (for example, at the time of subscribing to any services offered on our website, including but not limited to 'Email Alerts' submissions on our website mailing lists, interactive services, posting material or requesting further goods or services or information about same);

from your device or browser; and/or

if you contact us, we may keep a record of that correspondence.

b. Existing or Prospective Customers, Business Partners, and Vendors: We may collect personal data related to employees, directors, authorized signatories, in other words, representatives of ESI’s existing or prospective customers, business partners or vendors. We may obtain your personal data from the following sources:

from you directly,
from a company that employs you, if you are an employee of our existing or prospective customer, business partner or vendor,
from our affiliates,
during networking, marketing and tradeshow events that we have either hosted, or sponsored, or attended, and/or
from publicly available sources (for example, your company website or social media sites)

This personal data may include information such as name, business address, email address, phone number, job title, date of birth, employer, shipping address, business bank details, credit card information, billing information, or other data regarding your preferences and feedback. Except for job applicants, we do not intentionally collect or process any sensitive personal data as that term is defined under applicable privacy law.

c. Customer Service Information: You may provide your personal data to us when you submit questions and other messages to us. This could include your name, email address, phone number, title, employer, and details on the issue you are reporting.

c. Job Applicant Information: When you apply for a career through our website, we collect the information required for such application and information that you voluntarily provide to us. This may include information such as, job history, education, gender, disability information, veteran information, ethnic data, address, contact information, and citizenship.

d. Visitors to our Premises: We may obtain your personal data from you directly and from our business systems' records as part of the visit process. The personal data that we collect and process include: name; business contact details; organization; role; time and date of your visit; and/or image (for example, from CCTV cameras at our premises).

(2) Automatic Information.

a. Cookies: We receive certain types of information whenever you interact with us. Like many websites, we use “cookies” and we obtain certain data when your web browser accesses our website.  For more information on “cookies”, click here.

b. Email Interactions and Analytics: Where applicable by law or to the extent you have given your express consent, we receive certain information about how you engage with our emails, such as email open and click rates, whether a link is clicked, the documents you view, the amount of time viewing an email or documentation attached to such email and which web pages are visited.

c. Technical Information: We collect technical information associated with your activity on our website and may include information related to your browser and operating system, IP address and other information, such as your device type. For example, one way we use such information is for ensuring the website operates correctly with your browser, computer, tablet, and/or smartphone.

d. Website Usage Information: We may collect and analyze certain information about your usage of our website, in jurisdictions where this is permitted, to better understand user traffic patterns and website usage. Examples of the information we collect and analyze, might include session information, including page load times, length of visits to certain pages, and page interaction information (e.g., scrolls, clicks, mouse-overs). In some cases, we may use software tools to measure and collect this information.

e. Location Information: We use information about your country location to customize our website, presentation of our products or services and features related thereto, in the jurisdictions that permit such use.

(3) Information from Others.

In some cases, if you have consented or if it is necessary for the performance of a contract, we may obtain information about you from third parties.

How do we use the personal data that we receive?

We limit the use of the personal data that we collect from you. We might use your personal data in connection with the following legitimate business purposes and as otherwise described throughout this Privacy Policy:

(1) Improving the user experience on our website, as permitted by applicable law;

(2) Providing services to you, which include:

Answering any inquiries or requests related to our products and/or services; and

Fulfilling any contractual obligations we may have to you.

(3) Complying with certain legal proceedings or regulatory obligations applicable to our business, including preparing for a possible legal dispute, to the extent permitted by applicable law. In certain, limited situations, we may also use your personal data to protect the health and safety of our employees, suppliers, contractors, customers and other partners;

(4) We may use the data for purposes of sending marketing materials to you regarding our products and services, enhancing the quality of your interaction with our organization or improving your relationship with us. In certain jurisdictions we need your consent to send marketing materials. In those jurisdictions we will only send such marketing materials if we have the proper consent;

(5) For account and network security purposes. We store and process your information about your use of our website for purposes of misuse detection and tracking; and

(6) For processing your job application. When you apply for a position at ESI, we use the personal data you provide for the purpose of assessing your application, considering you for future positions, analyzing trends, and monitoring recruitment statistics.

How and why do we use Cookies?

A “cookie” is a small data package that our servers transfers to your device through your web browser that enables the site systems to recognize your browser and subsequently capture and remember certain information. We use both session cookies, which are erased upon closing your web browser, and persistent cookies, which may be stored for a certain period. 

Where we use cookies or similar technologies, we seek your prior consent where required to do so by law. Please refer to the list below to configure cookies:

Configuring Browser Cookies
Mozilla FireFox
Microsoft Internet Explorer
Google Chrome
Apple Safari
Opera

In which cases do we share your personal data?

We may in some cases have a need to share your personal data in connection with our business operations. We do not sell personal data. Below are the categories of third parties that we may share your personal data with.

(1) Our Affiliates and Employees: We may share personal data with employees that have a need to know that personal data in connection with fulfilling our legitimate business purpose, as specified in this Privacy Policy. Further, we may share your personal data with our affiliates for business purposes, such as to provide us with IT support and systems and tools for managing operations, overall group-wide risk management, litigation management, compliance with regulatory requirements applicable to affiliates, cross-marketing purposes, and business-related communications. Our affiliates are all bound to comply with the terms of this Privacy Policy regarding their use of your personal data.

(2) Third Party Service Providers: We may provide your personal data to third parties that provide a service to us or are acting as our agents, subject to contractual measures that we put in place obligating such parties, with the understanding that they will keep the information confidential and comply with applicable data protection laws. For example, we may share your information with the following types of service providers that we engage with:

Technical support providers who assist with our website and IT infrastructure

Third party software providers, who may include 'software as a service' solution providers, where the provider hosts the relevant personal data on our behalf

Professional advisers such as solicitors, accountants, tax advisors, auditors and insurance brokers

Money laundering and compliance search providers

Providers that help us store, collate and organize information effectively and securely, both electronically and in hard copy format, and for marketing and product service purposes

Providers that help us generate and collate reviews in relation to our services

(3) Corporate Transactions: In the context of corporate transactions, such as mergers and acquisitions or sale of all or part of our business, we may transfer your personal data to potential purchasers and their advisors, subject to appropriate confidentiality obligations.

(4) Legal Disclosures and Government/Regulatory Authorities: We may disclose your personal data where we believe it is required to comply with the law or to protect you and other users or if we are required or requested by any governmental or regulatory authority or similar body pursuant to any applicable law or regulation. For example, this may include exchanging information with companies and government agencies for fraud protection, credit risk reduction, or compliance with export control laws. We may also disclose your personal data to respond to requests if we are involved in a legal proceeding.

(5) With your Consent: We also may share or disclose your personal data with your consent or at your direction.

Where personal data is transferred to non-related third parties or any country outside the EU/EEA within the above-mentioned cases, appropriate measures are designed to safeguard such data transfer and data protection clauses are agreed upon by the recipients, the content of which is made available to you upon your request.

How are we securing your personal data?

To prevent unauthorized access, maintain data integrity and ensure that your information is used only in connection with legitimate purposes, we have established certain technical, management and operational security controls to safeguard and secure the personal data that we process. We also take steps to safeguard information according to established industry practices and periodically evaluate our current practices against new technologies for methods of protecting information. Some of the specific technical and administrative safeguards that we employ include, but are not limited to, the following:

(1) Personal data that is transmitted to us via our website is stored behind our secure firewalls, which we maintain and update regularly;

(2) We provide access to systems containing personal data on a “need-to-know” basis and only after appropriate authorizations are obtained to ensure that the individual requires access in connection with his or her role;

(3) We deploy technologies that scan for potential viruses and malware for inbound and outbound communications to avoid unauthorized access to our networks and databases;

(4) We evaluate our external vendors from a security perspective and require certain technical thresholds be maintained to the extent that such vendors will have access to or otherwise manage a system or network containing personal data; and

(5) We provide targeted privacy training to individuals who have access or use personal data in connection with their role.

How can you access your personal data and contact us?

Questions, comments, and other communications regarding this Privacy Policy, or our privacy practices in general, should be addressed to our Data Protection Privacy

Advocate by email or post to:

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

If you are a German citizen, you can contact our data protection officer at 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

What choices and rights do you have regarding your personal data?

(1) As mentioned, you can always choose not to provide personal data to us. For example, you may elect not to submit an inquiry through our website. You can also disable cookies. If you do not agree to provide certain personal data, we may not be able to provide you with certain website functionality or otherwise deliver products or services to you. For example, if we do not have an individual contact name and address, we cannot ship products to you.

(2) If you do not want to receive email or business-related communications, you can adjust your communication preferences via the link provided in any promotional email you have received from us or otherwise, by contacting us to opt out of those communications.

(3) Even if you have given us your consent to process your personal data, you may revoke that consent at any time for future effect, but this would not affect the lawfulness of any such data processing in the past.

(4) Depending on the jurisdiction you live in, you might have the right for your personal data to be accurate. You can ask us to change, update or fix your personal data in certain cases, particularly if it’s inaccurate.

(5) Depending on the jurisdiction you live in, if your personal data is being processed for the purposes of direct business-related communications or advertising you may have the right to opt out of such processing.

(6) To exercise any of these rights, object to processing or for any questions please contact us at DPPA@MacDermid.com.

How long do we retain your personal data?

Your personal data will be retained only for as long as the information is needed to fulfill the purposes for which it is collected and processed. ESI reserves the right to retain and use personal data for as long as necessary to comply with our legal and regulatory obligations and business requirements and/or to resolve any ongoing disputes and enforce our agreements. For the avoidance of doubt, data will not be destroyed before any regulatory retention period expires, or during a pending investigation, whether legal or regulatory.

To support us in managing how long we hold personal data and our record management, we maintain a data retention policy which includes clear guidelines on retention and deletion.

We consider the following criteria when determining how long a particular record will be retained, including any personal data contained in that record:

How long the record is needed to provide you with the products and services you request
How long the record is needed to support and enhance our operational processes
How long the record is needed to protect our rights and legal interests
How long the record must be retained to comply with applicable laws and regulations

The same personal data about you may be included in more than one record and used for more than one purpose, each of which may be subject to different retention periods based on the factors listed above.

If we process your personal data based on your consent, we will usually retain it until you withdraw your consent.

To demonstrate consent, we store relevant data for as long as we need to demonstrate the consent and compliant data processing in accordance with applicable laws. The processing is necessary for compliance with legal obligations.

Notice for Overseas Users

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.

Privacy Information for Persons in the European Economic Area, the United Kingdom and Switzerland

If you are in the European Economic Area, the United Kingdom or Switzerland (EEA+), please see our EEA+ Privacy Notice.

Privacy Information for California Residents

If you are a California resident, please see our California Privacy Notice.

Privacy Information for China Residents

If you are a China resident, please see our China Privacy Notice.

Children’s Privacy

We do not sell products or services for purchase by children. Our website is only intended to provide products and services and information related thereto for adults over the age of 18. We do not knowingly collect personal data from children under the age of 18 and we require that any child under the age of 18 solely access our website with the consent and supervision of a parent or guardian.

Links to Third Party Websites

Our website may contain links to third-party websites. Those websites may have privacy policies that differ from ours. We are not responsible for those websites, and we recommend that you review their policies. Please contact those websites directly if you have any questions about their privacy policies.

ESI’s Affiliates

ESI is subject to local laws in the countries where it does business. To the extent that local laws applicable to, and/or privacy policies issued by, an affiliate of ESI differ from those set forth in this Privacy Policy, such local laws and/or privacy policies shall prevail.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time as our practices change and privacy law evolves. You will know if this Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” included at the end of the document. If we make a material change to this Privacy Policy, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use our website, you are confirming that you have read, understood, and agree to the latest version of this Privacy Policy.

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