Privacy Notice

Introduction

This is the Privacy Notice for Mexichem Speciality Compounds/Alphagary and its affiliates (hereinafter: “Alphagary,” “we,” “our,” or “us”) and its websites www.alphagary.com, www.alphagarycompuestos.com, www.sylvin.com, and www.mexichemspecialtycompounds.com (referred to as the “Website”). This Privacy Notice applies to the personal information we process about you in the following cases:

• Use any of our websites (including all subdomains based on your location);
• Use any of our IT systems, including messaging and collaboration platforms (“IT systems”);
• Create an account on any of our websites, subdomains, applications, or IT systems;
• Get in touch with us or when we get in touch with you;
• Apply for one of our job openings;
• Acquire our goods or services;
• Provide us with services or goods (for example, if you are a sole trader or if you provide services or goods on behalf of your employer/contractor); and
• Visit our premises.

This Privacy Notice also explains your rights in relation to the Personal Information we collect and how to exercise them. Throughout this Notice, each of these activities will be referred to as the “Activities”.

The data controller of the Personal Information collected under this Privacy Notice is Mexichem Speciality Compounds and/or the relevant entity of the Alphagary Group with which you are dealing, or with whom your data may be shared as explained later in this Notice. You can contact us using the details set out in Section 12.

1. What Personal Information do we collect?

Personal Information means any information that can directly or indirectly identify a living individual. We collect the following Personal Information:

Personal Information collected directly from you (when provided)

• Identification data: including your first and last name, title, gender, job title, company name.
• Contact data: including your personal or business phone number, email address, home or business address.
• Communication details: including identification details and contact data and any information you provide in the form of enquiries, comments, feedback, social media messages, within contact forms or otherwise.
• Application details: including identification data, contact data, CV details, cover letter, your CV information, and preferred work locations when you apply for a vacancy. In the case of application details, the data controller will be the relevant entity to which you apply.
• Marketing preferences: including preferred contact methods, your contact data, and your interests.

Personal Information collected when you become a customer or supplier

• Contract details: includes information about goods or services you have ordered, received, or supplied (for example, when acting on behalf of a company).

• Account details: including, in addition to identification and contact data, your account number, username, and password. For Customer and Supplier representatives only: your authorization by the Customer/Supplier and your role within the Customer’s/Supplier’s operations. 

• Payment details: for sole traders / individuals, including bank details, payment methods, payment and transaction history (for example, payments made or pending, including invoice details), and details of the authorized person on the account.

Personal Information collected during your stay at our premises

• Visitor data: including identification data, contact data, and visitor logs, which may include full name, time of arrival and departure, and, where applicable, vehicle license plate number.
• Image recording (“Recording details”): when you enter our building or premises, you may be recorded by our CCTV systems. You may also be recorded during events we organize where we collect video footage. This may include audio and visual recording details.

In the case of Personal Information collected during your stay at our premises, the relevant data controller will be the entity that owns or manages the premises you are visiting.

Personal Information collected automatically

• Cookies and preference details: when visiting our website, we automatically collect data through your browser or device, using cookies and other technologies to track visitors on the website and gather information about your use of our site. Such information includes an identifier corresponding to your device, your IP address, information about the device you use (e.g., operating system, model, language settings), duration, frequency, time of use, click information (i.e., how you navigate and use our website), and/or region. For more information, please refer to our Cookie Notice.

Personal Information collected indirectly

We may receive Personal Information about you from indirect sources, for example:

• Reference details: when you apply for a vacancy, we may collect references about you from your previous employers, such as details about your performance and role in previous organizations.
• Employee referral programs: when you have been referred for a vacancy as part of our employee referral program, we may receive identification data about you from your referrer.
• Credit checks: we may receive information about your credit history from credit agencies when relevant and applicable.

There are also other sources of your Personal Information that may apply from time to time, such as government agencies, tax authorities. We may also collect publicly available information (for example, contact details of journalists or media contacts), etc.

1. What we do with your Personal Information and the legal bases we rely on

Alphagary collects and uses your Personal Information for the purposes and on the legal bases set out below.

For our legitimate interests. We process your Personal Information for the following purposes on the basis of our legitimate interests or those of a third party, where these are not overridden by your interests or fundamental rights and freedoms:

• Communication purposes. We may process Identification Data, Contact Data, and Communication Data to (a) respond to any questions, enquiries, emails, or comments you may share with us through the contact forms available on the website; (b) respond to any phone calls you make to us; and (c) send any required service update emails, such as changes or updates to our services or terms.

• Customer relationship purposes. We may process Identification Data, Contact Data, Communication Data, Marketing Preference Details, and Account Details to manage our relationship with you.

• Business and operational purposes. We may process Identification Data, Contact Data, and Communication Data to (a) operate and expand our business and Activities; (b) enforce company policies and procedures (for example, for training and learning purposes); and (c) enable us to carry out corporate transactions, such as mergers, sales, reorganizations, transfers of our assets or business, or acquisitions.

• Social media interaction purposes. When you interact with us on social media websites, (a) we receive basic engagement metrics from the social media platform and use them to tailor content and marketing to enhance the user experience; (b) we may store moments of interaction and behaviors, such as responses to our content or messages sent to our social media inboxes and messaging services; and (c) we may combine information about people’s behavior on social media and website behavior to personalize your experience on our website.

• Telephone call recording purposes. Where applicable, we may process and record Identification Data (when provided), Contact Data, and the details of any telephone call you may have with us. Such call recordings will be used for training and monitoring purposes, which is necessary to protect our staff and customers. We may also record telephone calls for the purpose of performing a contract with you, where such recordings will be used to verify any request or statement made as part of any order, or otherwise to manage customer relations.

• Prevention and detection of unlawful activity purposes. Depending on the issue, we may process the Personal Information listed in Section 2, such as Identification Details, Contact Details, Account Details, Product/Service Usage Details, External Reports from Fraud Agencies, Payment Details, etc., to detect or prevent, for example, fraudulent activity or money laundering. This is necessary to protect our business and to cooperate with the relevant law enforcement agencies.

• Product and service improvement purposes. We may process Identification Data, Contact Data, Communication Data, and/or Product/Service Usage Details to improve our products, services, and experience with Alphagary, and, if necessary, to respond to any feedback you submit to us.

• Health, safety, and security purposes. We may process Identification Data, Visitor Data, and Image Recordings in order to (a) ensure the safety of our staff, visitors, suppliers, facilities, property, vehicles, operational equipment, etc.; and (b) carry out necessary investigations when a health, safety, or security incident has occurred.

• Job application purposes. When you apply for a vacancy, we will process Application Details, Identification Details, and Contact Details for the purpose of handling employment applications from prospective employees. If your application is successful and you move on to the interview stages, we will process your Personal Information on the basis of the steps necessary to enter into a contract with you.

Your consent. We process your Personal Information for the following purposes on the basis of your consent:

• For newsletter and marketing purposes. When you have given your consent (or have opted to receive) marketing communications, such as newsletters or other marketing materials from Alphagary, we will process Identification Data, Contact Data, and Marketing Preferences to send you direct marketing communications.

• Cookies and analytical purposes. When you have given your consent to the use of cookies on the website, we use cookies and preference details to (a) collect website usage data to understand how our website is used and improve our services; and (b) recognize users across pages to analyze usage patterns.

• For photographic or video purposes. When you have given your consent to have your photograph or video taken at an event or conference, we will process your Identification Data, Audio/Visual Recording Details, and, in some cases, when provided, your Contact Data for the purpose of (a) taking the photograph or video footage; and (b) with your consent, publishing photographs or video footage on specified platforms or locations, for example, within a newsletter, on our website, or on our social media channels.

Legal obligations. We may process your personal information for the following purposes on the basis of our legal obligations:

• Compliance purposes. We may process or disclose Identification Data, Contact Data, Communications Data, Recording Details, and/or other details for the purpose of ensuring compliance with company policy and applicable legal obligations, for example, in response to a court order or a request from a regulator or authority.

• For the purpose of defending against claims, lawsuits, or legal proceedings. We may process Identification Data, Contact Data, Communications Data, Recording Data, and/or other details for the purpose of defending ourselves against legal matters.

• For the purpose of establishing, protecting, or exercising legal rights. We may process Identification Data, Contact Data, Communications Data, Log Data, and/or other details for the purpose of establishing, protecting, or exercising our legal rights, for example, to enforce our agreements or other contracts.

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and explain the legal basis that allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in accordance with the above rules, where required or permitted by law.

We may also anonymize or aggregate any information we collect and use it for any purpose, including for research and product development purposes. Such information will not identify you individually.

1. How we share personal information

To fulfill the purposes described above, we occasionally share your personal information with other entities that assist us in our activities. These entities will have access to your personal information, but only when necessary to perform their services. We do this on a strict need-to-know basis, and we ensure that, before sharing your personal information, appropriate contractual arrangements are in place as necessary.

These entities may include:

1. Other entities within our Group: This may include within the Alphagary group, or with other entities or affiliated entities to the extent necessary for internal administration purposes, management purposes, or other business-related purposes, as described in this Notice.

1. Service providers and data processors: We may engage service providers from time to time to assist us in our activities, including, for example:
   
   1. Business partner providers, including but not limited to: IT providers, website hosting providers, CRM database providers, etc., and subcontractors who may assist with the performance of any contract we enter into with them or to provide services on our behalf;
   2. Marketing companies and other advertising firms that assist us or carry out marketing activities on our behalf;
   3. Analytics providers and search engines that help us improve and optimize our website and activities.

We may also share personal information with third parties:

1. rofessional advisors, including but not limited to: tax, legal, or other corporate advisors who provide us with professional services to protect our legal interests and other rights, protect against fraud or other illegal activities, prevent harm, and for risk management purposes.

1. In the event of a legal requirement or legal proceedings, such as in response to court orders, law enforcement legal processes, for national security reasons, to establish, protect, or exercise our legal rights, as necessary to enforce our terms of service or other contracts, to defend against legal claims or lawsuits, to detect, investigate, prevent, or take action against illegal activities or threats to the rights, property, or safety of any person; or in the context of an investigation, regulatory requirement, legal proceeding, or to protect the rights or safety of the website, our activities, and/or our affiliated entities.

1. In the event of a corporate transaction or reorganization, personal information may be disclosed to third parties as part of any merger, sale, transfer of our assets, acquisition, bankruptcy, or similar event.

1. In accordance with your consent or request, we may disclose your personal information to a third party where you have given prior consent or have requested us to do so.

1. International data transfers

For individuals residing in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland, we may need to transfer personal information to locations outside the EEA, UK, or Switzerland to facilitate and manage our global business operations.

Similarly, subject to compliance with local law requirements, the recipients of personal information described in Section 3 may be located in countries whose data protection laws may not offer an adequate level of protection compared to the laws of your country. For example, not all countries outside the EEA, UK, or Switzerland offer the same level of protection.

When we transfer personal information to other entities within our group, or to service providers based outside these locations, we rely on the following safeguards:

• Adequacy decisions
• European Standard Contractual Clauses (“SCCs”)
• UK International Data Transfer Agreement (“IDTA”)
• In limited circumstances where the transfer is permitted under applicable data protection laws.

The European SCCs are contractual clauses approved by the European Commission that ensure appropriate data protection safeguards when personal information is transferred from the EEA to third countries. They can be viewed here.

The UK IDTA has been issued by the UK Government to ensure appropriate data protection safeguards when personal information is transferred from the UK to third countries or territories that have not been deemed adequate by a formal decision of the UK Government. This can be viewed here.

You may request a copy of the European SCCs and/or the UK IDTA by contacting us using the details provided in Section 12.

1. How long we retain personal information

We retain your personal information for as long as necessary to fulfill the purpose for which it was collected and used, unless a longer period is required to comply with legal or contractual obligations, or to defend a legal claim.

To determine the appropriate retention period for personal information, we first consider applicable legal requirements or whether legal retention periods apply. We also take into account the volume, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we process your personal information, and whether we can achieve those purposes by other means.

1. Your rights

If you are located within the EEA, under certain circumstances, you have the following rights:

• You may request information about how we process your personal information, where and how we collect your data, the categories of personal information, with whom we share it, and how long we retain it.
• You may request access to copies of your personal information that we process.
• You have the right to request that we correct the personal information we hold about you if that data is inaccurate or outdated.
• You may request the deletion of certain personal information that we have collected from or about you.
• You may object to the processing of your personal information or ask us to restrict the processing.
• You may request the portability of your personal information (which means we will transfer it from our IT environment to another environment).
• You may opt out of receiving marketing communications we send at any time. You can opt out by clicking the “unsubscribe” or “opt-out” link in any marketing email we send you.
• Where we have collected and processed your personal information based on your consent, you may withdraw your consent at any time. However, withdrawing your consent will not affect the lawfulness of any processing we carried out before your withdrawal, nor will it affect the processing of your personal information where we have relied on other legal grounds for processing.
• You also have the right to lodge a complaint with the relevant data protection authority regarding our collection and use of your personal information. We encourage you to contact us first if you have any questions, comments, or concerns about how we handle your personal information. However, as explained above, you also have the right to file a complaint with your local data protection authority.

If you have any questions or wish to exercise any of your rights under applicable local data protection laws, please use the contact details provided in Section 12 below and specify your request.

1. Notice for California residents

Under Section 1789.3 of the California Civil Code, users of electronic commercial services have the right to receive the following specific consumer rights notice: The Complaint Assistance Unit of the Consumer Services Division of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by phone at (800) 952-5210.

Under the California Consumer Privacy Act or “CCPA,” California residents have the right to:

• To request (twice within a 12-month period) the disclosure of the categories and specific pieces of personal information we collect about you, the categories of sources from which personal information is collected, the business or commercial purpose for collecting personal information, the categories of third parties to whom personal information is disclosed, and the specific pieces of personal information we have collected about you.
• You may request that we correct the personal information we hold about you if that data is inaccurate or outdated.
• To request the deletion of certain personal information that we have collected from or about you.
• To request opting out of the sale of personal information for cross-context behavioral advertising purposes (where such data is sold). Alphagary does not sell your personal information.
• To not be discriminated against.

You may request to exercise your rights under the CCPA by submitting a request (either yourself or through an authorized agent) via the contact details provided below or by calling us at +1-800-221-6599 ext. or +1-978-537-8071, and specifying your request.

We may request additional information necessary to verify your identity. We will provide information on the actions taken without undue delay. Verifiable consumer requests will be handled, and data will be provided in a portable format within 45 days, except as otherwise provided under the CCPA.

Under Section 1798.83 of the California Civil Code, California residents may request in writing from businesses with which they have an established commercial relationship: (a) a list of the categories of Personal Information and the type of services provided to the customer, that a business has disclosed to third parties (including subsidiaries that are separate legal entities) during the immediately preceding calendar year for third-party direct marketing purposes; and (b) the names and addresses of all such third parties.

To make such a request, if you are entitled, please send a written request to the contact details provided in Section 12. We will respond to such properly directed written requests.

1. Personal information security

Alphagary recognizes the importance of data security for our stakeholders. We treat your personal information with the utmost care and have implemented appropriate security measures to protect the confidentiality, integrity, and availability of your personal information against unlawful or unauthorized processing and accidental loss, destruction, or damage.

We monitor our network and systems for vulnerabilities and attacks, and we also conduct regular testing to identify ways to further strengthen security.

However, the Internet and email are not completely secure. Your communications may pass through multiple countries before delivery, may be intercepted by third parties, and may not always reach the intended recipient — this is the nature of the World Wide Web/Internet. We cannot accept responsibility for such unauthorized access or loss of personal information that is beyond our control. For this reason, we urge users to take all precautions to protect their personal information while using the Internet.

1. Do Not Track Requests

We do not respond to Do Not Track requests. Do Not Track is a preference you can set in your web browser to inform websites and mobile applications that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

1. 10. Other websites

Our website may, from time to time, contain links to and from third-party websites, such as our business partners, social networks, branch organizations, and affiliates.

If you follow a link to any of these websites, please be aware that these websites have their own privacy notices, and we accept no responsibility for these notices. Please review these notices before submitting any personal information to these websites.

1. 11. Changes to this Privacy Notice

We will update our Privacy Notice as necessary, and the most recent version will be available on each applicable website at all times.

If there is a material change in the nature of the use of your personal information or if the change is otherwise relevant to you, we will ensure that the information is provided to you separately.

This Privacy Notice was last updated in May 2024.

1. 12. Contact Us

If you have any questions about this Privacy Notice or the processing of your Personal Information generally, or if you wish to exercise any of your rights, please email us at dataprivacy@orbia.com indicating the nature of your inquiry.