Safe Harbor Privacy Statement

  1. Introduction

    1. This is the Safe Harbor Privacy Statement of Chem-Trend Limited Partnership (Chem-Trend). Chem-Trend is a chemical specialist that develops, manufactures, optimizes, and sells release products globally.
    2. Chem-Trend in the United States desires to exchange personal data about certain persons in the European Union and Switzerland and wishes to do so in compliance with applicable law.  Accordingly, Chem-Trend has certified that it complies with the Safe Harbor Framework with respect to certain personal data transferred from the European Union and Switzerland to the United States. Although Switzerland is not part of the European Union, the term “EU” as used in this Privacy Statement refers to the European Union member states and Switzerland.
  2. Definitions

    1. Personal Data: Personal Data has the meaning given to that term by EU law.  Specifically, for the purposes of this Privacy Statement, it means any information about an identified or identifiable individual citizen of any EU member state in any medium or format that is subject to Chem-Trend’s Safe Harbor certification.  It includes any information that can be associated with a unique individual or that can be used to identify, locate, or contact a unique individual.  An identifiable individual is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
    2. Sensitive Personal Data: Sensitive Personal Data is a subset of Personal Data and the term has the meaning given to it by EU law.  It includes any data that reveals, directly or indirectly, racial or ethnic origin, political opinions, religious or philosophical beliefs or opinions, trade-union membership, health or sex life, and data relating to offenses, criminal convictions, and criminal sentences/penalties.
    3. Business Personal Data: Business Personal Data is Personal Data that enables identification of, authentication of, coordination of, and/or communication to, from, between, and/or among employees, agents, and/or contractors of Chem-Trend and other employees and/or agents, contractors, and/or affiliates of Chem-Trend and/or entities with which Chem-Trend does business and/or proposes to do business. Business Personal Data includes, but is not limited to, contact information, identification information, information about whereabouts, information about travel plans, and directory information such as name, business mobile and/or land telephone number, business fax number, business e-mail address, business physical address, business user ID, business IP address, picture, language(s) spoken, business title, business organizational role, and business systems or processes that such persons are authorized to utilize. Business Personal Data does not include information that would allow contact with such person at his or her home (except to the extent that such contact is made using remote means not primarily associated with the person’s home, such as through a work e-mail account if the person accesses such e-mail from home or by means of a telephone call made to the person’s work mobile phone when the person happens to be at home).
    4. Human Resource Personal Data: Human Resource Personal Data is human resources and benefit information used Chem-Trend to evaluate, employ, retain, administer the employment and/or or contractor relationship with, and/or receive or provide the services of, employees and/or direct or indirect contractors who are being considered to do, who do, or have done work for, or for the benefit of Chem-Trend.
    5. Data Controller:  A Data Controller is an entity that, alone or jointly with another Data Controller, determines the purposes and means (i.e., the “why” and “how”) of processing Personal Data.  For example, a company functions as a Data Controller when it decides the purposes for which Personal Data will be processed.
    6. Data Processor:  A Data Processor is a separate legal entity from the Data Controller.  It processes Personal Data on the Data Controller’s behalf.  A Data Processor is responsible for abiding by the Data Controller’s instructions with regard to the purposes and essential means of processing.
    7. Data Subprocessor:  A Data Subprocessor is an agent or contractor of the Data Processor that acts under the instructions of, and for the benefit of, Chem-Trend and/or the Data Controller.  Data Subprocessors may be external third parties or affiliates of Chem-Trend.
    8. Processing:  Processing, with respect to Personal Data, means any operation or set of operations that is performed upon the Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure, or destruction.
       
  3. What Chem-Trend Does or Causes to Be Done

    Chem-Trend operates as a Data Controller or a Data Processor with respect to certain Personal Data.  Affiliates of Chem-Trend or external third parties sometimes act as Data Processors or Subprocessors. The discussion below identifies what Chem-Trend and such persons do in each of those roles.

    1. CHEM-TREND as a Data Controller.
      1. Where Chem-Trend acts as a Data Controller for Personal Data, Chem-Trend handles that Personal Data in compliance with the seven Safe Harbor Principles set out by the US Commerce Department.  You can see the full text of the Safe Harbor Principles at http://www.export.gov/safeharbor/ and you can see descriptions of what Chem-Trend does to comply with the Safe Harbor principles by reading the Appendix.
      2. Chem-Trend acts as a Data Controller with respect to Business Personal Data and Human Resources Personal Data and does so for the following purposes.
        1. So that employees, agents, and/or contractors can be contacted at work by other Chem-Trend employees and/or contractors around the world, as well as by others outside the Chem-Trend enterprise who need to contact such persons regarding business matters of Chem-Trend;
        2. So that Chem-Trend can give to employees, agents, and/or contractors access to the global systems and databases that they need to perform their work, and

        3. So that each Chem-Trend can effectively manage human resources, provide opportunities for individuals, and generally make advice and analyses available regarding employer-employee and contractor relationships of Chem-Trend and prospective, current, and past employees and/or contractors.
    2. CHEM-TREND as a Data Processor.
      1. Where Chem-Trend acts as a Data Processor for Personal Data, Chem-Trend handles that Personal Data in compliance with the seven Safe Harbor Principles set out by the US Commerce Department and in accordance with the instructions of the Data Controller.  You can see the full text of the Safe Harbor Principles at http://www.export.gov/safeharbor/ and you can see descriptions of what Chem-Trend does do to comply with the Safe Harbor principles by reading the Appendix.  Note that, where Chem-Trend acts as a Data Processor, Chem-Trend looks to the Data Controller for direction with respect to the Notice and Choice principles.
      2. Chem-Trend acts as a Data Processor with respect to Business Personal Data and Human Resources Personal Data and does so for the following purposes.
        1. So that employees, agents, and/or contractors can be contacted at work by other Chem-Trend employees and/or contractors around the world, as well as by others outside the Chem-Trend enterprise who need to contact such persons regarding business matters of Chem-Trend;
        2. So that Chem-Trend can give to employees, agents, and/or contractors access to the global systems and databases that they need to perform their work, and
        3. So that each Chem-Trend can effectively manage human resources, provide opportunities for individuals, and generally make advice and analyses available regarding employer-employee and contractor relationships of Chem-Trend and prospective, current, and past employees and/or contractors.
    3. External Third Parties and Chem-Trend Affiliates Acting as Data Processors or Subprocessors.
      1. If Chem-Trend, acting as a Data Controller, receives Personal Data and then provides that Personal Data to a third-party Data Processor for processing, Chem-Trend requires that the Data Processor comply with the Safe Harbor Principles and verifies that the Data Processor can and will comply with the Safe Harbor Principles or can provide assurance of adequate protection for the Personal Data, all before transferring the Personal Data.
      2. If Chem-Trend, acting as a Data Processor, receives Personal Data and then provides that Personal Data to a third-party Data Subprocessor for processing, Chem-Trend requires that the Data Subprocessor comply with the Safe Harbor Principles and verifies that the Data Subprocessor can and will comply with the Safe Harbor Principles or can provide assurance of adequate protection for the Personal Data, all before transferring the Personal Data.
      3. Note that, in the case of a Data Subprocessor, Chem-Trend requires that the Data Subprocessor look to the Data Controller for direction with respect to the Notice and Choice principles.
  4. Amendments

    This Safe Harbor Privacy Statement may be amended from time to time consistent with the requirements of the Safe Harbor Framework. Chem-Trend will post or otherwise communicate internally any revised Safe Harbor Privacy Statement in a manner designed to give concerned parties notice of the then-current version.

  5. Effective Date

    Chem-Trend’s Safe Harbor Privacy Statement began to apply as of October 4, 2012.

  6. Last Revision Date

    Chem-Trend’s Safe Harbor Privacy Statement was last revised on 03-10-2015.

  7. Contact Information

    Questions, comments, or complaints regarding Chem-Trend’s Safe Harbor Privacy Statement or data receipt, processing, and storage practices can be addressed as follows.

    Chem-Trend Limited Partnership
    Carl Posluszny
    1445 W. McPherson Park Drive, P.O. Box 860
    Howell, Michigan 48844-0860
    USA

APPENDIX

COMPLIANCE WITH THE SAFE HARBOR PRINCIPLES

Chem-Trend complies with, and requires that all Data Processors and Data Subprocessors comply with, the Safe Harbor Principles for Personal Data through applicable policies, directives, and procedures.

Chem-Trend’s adherence to the Safe Harbor Principles may be limited to the extent required to meet legal, government, or national security obligations.

For the full text of the Principles, visit the U.S. Department of Commerce’s Safe Harbor website at http://www.export.gov/safeharbor/.

Here is how Chem-Trend complies with the Safe Harbor Principles.

  1. Notice

    As a Data Controller, Chem-Trend notifies individuals about the purposes for which it collects and uses Personal Data about them, how individuals can contact Chem-Trend with any inquiries or complaints, the types of third parties to which Chem-Trend discloses the Personal Data, and the choices and means Chem-Trend offers individuals for limiting the use and disclosure of the Personal Data.  Chem-Trend requires a data subject’s specific consent to process Sensitive Personal Data.

    When Chem-Trend acts as a Data Processor, it provides notice as instructed by the Data Controller and in accordance with the Safe Harbor Principles.

  2. Choice

    As a Data Controller, Chem-Trend provides individuals with the opportunity to choose (opt out) of whether (a) their Personal Data will be disclosed to a third party (other than disclosure to a Data Processor or Data Subprocessor acting solely on Chem-Trend’s behalf), or (b) their Personal Data will be used for a purpose other than for the purpose for which it was originally collected or subsequently authorized by the individual. 

    For any Sensitive Personal Data, Chem-Trend will give individuals the opportunity to affirmatively or explicitly consent (opt-in) to (a) the disclosure of such Sensitive Personal Data to a third party (other than disclosure to a Data Processor or Data Subprocessor acting on Chem-Trend’s behalf) or (b) the use of the Sensitive Personal Data for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.  

    When Chem-Trend acts as a Data Processor, it provides choice as instructed by the Data Controller and in accordance with the Safe Harbor Principles.

  3. Onward Transfer

    Onward transfers occur, when Chem-Trend either acting as a Data Controller or Data Processor, receives Personal Data and then provides access to that Personal Data to another entity. 

    Chem-Trend will onward transfer Personal Data to a Subprocessor only where that Subprocessor is processing the data on CHEM-TREND’s behalf.  Chem-Trend ensures that Subprocessors subscribe to the Safe Harbor principles, are subject to another adequacy finding, or enter into a written agreement between Chem-Trend and the Subprocessor to provide at least the same level of privacy protection of the Personal Data as is required by Chem-Trend’s certification and the Safe Harbor principles.

    To the extent that Chem-Trend transfers Personal Data to any other third party (e.g., Data Processors acting at the direction of Chem-Trend as a Data Controller), it will do so only when the third party has provided assurances that it will provide at least the same level of privacy protection as is required by Chem-Trend’s Safe Harbor certification and the Safe Harbor Principles.

    When Chem-Trend has knowledge that a third party is using or sharing Personal Data in a way contrary to this Policy, it will take reasonable steps to prevent or stop such processing or use.

  4. Security

    Chem-Trend takes reasonable administrative, technical, and physical precautions to safeguard Personal Data against reasonably foreseeable risks of theft, loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

  5. Data Integrity

    Chem-Trend limits its collection and use of Personal Data to that which is relevant for the intended purposes for which the Personal Data was collected or subsequently authorized by the individual.  Chem-Trend takes reasonable steps to ensure that Personal Data is reliable for its intended use, accurate, complete, and current.

  6. Access

    Chem-Trend provides individuals reasonable access to Personal Data about them and individuals may request that Chem-Trend correct, amend, or delete Personal Data where it is unreliable for its intended use, inaccurate, incomplete, or out-of-date, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy, or where the rights of persons other than the individual would be violated.

  7. Enforcement

    Chem-Trend Limited Partnership participates in the U.S. - E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor as set forth by the United States Department of Commerce. As part of our participation in the safe harbor, we have agreed to TRUSTe dispute resolution for disputes relating to our compliance with the Safe Harbor Privacy Framework.  Please click http://www.truste.com/about-TRUSTe/contact-us for fax and postal mail information. TRUSTe's Dispute Resolution process is only available in English.

    If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact TRUSTe at https://feedback-form.truste.com/watchdog/request.[TRUSTe1] 

    Chem-Trend has adopted a self-regulatory compliance program that includes mechanisms to verify ongoing compliance with the Safe Harbor Principles and this Safe Harbor Privacy Statement.  Chem-Trend will review and verify its compliance with the Safe Harbor Principles and will rectify any issues of noncompliance.  Personnel who are in violation of the Safe Harbor Principles or this Privacy Statement may be subject to disciplinary action, up to and including termination or release.

    Chem-Trend acknowledges that its failure to provide an annual self-certification to the Department of Commerce will remove it from the Department’s list of participants and that thereafter the transfers of Personal Data described in this Safe Harbor Privacy Statement will not be allowed unless Chem-Trend otherwise complies with applicable EU law.

    Individuals with questions or complaints regarding the use or disclosure of Personal Data in accordance with the Safe Harbor Principles may seek resolution of such questions or complaints.  They should first contact Chem-Trend at:

    Chem-Trend Limited Partnership
    Carl Posluszny
    1445 W. McPherson Park Drive, P.O. Box 860
    Howell, Michigan 48844-0860
    USA

    Chem-Trend will cooperate with the European Data Protection Authorities (DPAs), or the Swiss Federal Data Protection and Information Commissioner (DFPIC) as appropriate, for the purpose of handling any unresolved complaints regarding Personal Data collected in support of human resources operations.

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