Venator Americas LLC
Venator Chemicals LLC
(collectively, “Venator” or the “Company”) respect your concerns about privacy. Venator complies with the EU-U.S. and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union to the United States. If there is any conflict between the terms of this privacy policy and the Privacy Shield principles, the Privacy Shield principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/(https://www.privacyshield.gov/).
For purposes of this policy:
“Associate” means any current, former or prospective employee, temporary worker, intern, other non-permanent employee, contractor or consultant of any subsidiary or affiliate of Venator who is located in the EU.
“Consumer” means any natural person who is located in the EU.
“Covered Person” means any Consumer, but excludes any individual acting in his or her capacity as an Associate.
“Customer” means any entity that obtains or purchases products or services from Venator, including any distributor of Venator’s products.
“Job Applicant” means any Consumer who submits an application for a job at Venator.
“Personal Data” means any information that (i) is transferred to Venator in the U.S., from the EU, (ii) is recorded in any form, (iii) relates to an identified or identifiable Covered Person; and, (iv) can be linked to that Covered Person.
“Sites” means www.venatorcorp.com or any other Venator internet site.
“Vendor” means any company or individual Venator has retained to provide it with services or a product.
Venator`s Privacy Shield certification can be found at http://www.privacyshield.gov/list. For more information about the U.S. / EU Privacy Shield principles, please visit http://www.privacyshield.gov. For more information about Venator’s processing of Personal Data about Associates globally, please see the Company’s Statement for Personal Data Privacy (Global), which is available on the intranet or from the local HR representative. For information about Venator’s processing of Personal Data obtained through the Sites, please see our Venator Online Privacy Notice. For additional information about Venator’s processing of Personal Data about job applicants, please see our Notice: Processing of Personal Data of Applicants and our Venator Online Privacy Policy, both located on the Venator external internet site.
Venator’s practices regarding the collection, storage, use, transfer, and other processing of Personal Data comply, as appropriate, with the principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and, recourse, enforcement and liability.
How Venator Obtains and Uses Personal Data
Venator obtains, processes and uses certain Personal Data about Associates in connection with their employment with Venator. This Personal Data includes information such as:
- Name
- Contact information
- Date of birth
- Government-issued identification information, passport or visa information
- Educational history
- Employment history
- Information about job performance
- Financial account information
- Health or medical information
Venator processes this Personal Data for purposes such as:
- Consideration for employment or promotion
- Personnel, pension, benefits and incentive program administration
- Compensation and bonus administration
- Executive compensation-related activities and administration
- Workflow management
- Budgeting and planning
- Performance management
- Training and development
- Succession planning
- Planning for a sale, merger or reorganization of the business
- Expatriates and relocation administration
- Processing visa applications and work permits
- Separation administration
- Security and fraud prevention requiring management of the Company’s assets, and proprietary and confidential business information
- Processing staffing changes
- Processing payroll
- Facilitating travel and processing expense reports
- Providing Company network access and IT support
- Managing contact directories
- Mailing of Company communications
- Facilitating social collaboration on the Company’s network
- Administering business-related personal surveys
- Managing business-related litigation
- Grievances and claims administration
- Job description or job task administration
- Compliance considerations requiring investigating, auditing, and enforcing Company policies, procedures, guidelines and standards
- Complying with legal requirements
Venator processes this information to comply with legal obligations and for benefits administration and other internal administrative purposes
Venator may obtain, process and use certain Personal Data about Non-Associates (Covered Persons) in connection with:
- providing our products and services
- processing business transactions and related activities
- managing Customer and Vendor relationships
- responding to Covered Persons’ inquiries or communicating with Covered Persons’ about requests, questions and comments
- administering participation in special events, conferences, programs, surveys and market research
- Covered Persons’ use of the Sites
- sending an Investor Kit, financial information or other corporate information about Venator
- sending information to a Covered Person’s contacts if he or she has asked us to do so
- enforcing contractual terms and conditions
- operating, evaluating and improving our business (including developing new products and services; enhancing and improving our products and services; managing our communications; analyzing our products and services; and performing accounting, auditing, financial and economic analyses, and other internal functions)
- protecting against, identifying and preventing fraud and other unlawful activity, claims and other liabilities, and
- complying with and enforcing applicable legal requirements, relevant industry standards and our policies.
In addition, Venator may obtain Personal Data directly from Job Applicants as part of the recruitment process or otherwise in connection with potential employment. Venator uses this information for purposes such as processing job applications and considering Job Applicants for employment.
We also may use information obtained from Covered Persons in other ways for which we provide specific notice at the time of collection.
Notice
Venator notifies Associates / Covered Persons about the purposes for which we collect and use their Personal Data, the types of third parties to whom we disclose the Personal Data, the choices Associates / Covered Persons have for limiting our use and disclosure of their Personal Data, and how to contact Venator about its practices concerning Personal Data. We provide information in our Venator Online Privacy Notice regarding our practices related to Personal Data collected on the Sites. Information regarding the Company’s global Personal Data practices is contained in the Statement for Personal Data Privacy (Global) and in the Global Privacy Procedure, which are available in the Global Privacy Program documents located on the Ethics & Compliance intranet website or from the local HR representative. For additional information about our processing of Personal Data about Job Applicants, please see our Privacy Notice: Notice about the Processing of Personal Data of Applicants. Relevant information also may be found in privacy notices pertaining to specific data processing activities.
Choice
Associates:
Associates have the opportunity to make choices regarding certain Venator Personal Data practices as provided in the Company’s Statement for Personal Data Privacy (Global). Associates may contact the Company’s Privacy Officer as indicated below or as set forth in the Statement for Personal Data Privacy (Global) regarding the Company’s use or disclosure of their Personal Data.
We may disclose Personal Data without offering an opportunity to opt out (i) to service providers the Company has retained to perform services on our behalf and under our instruction, (ii) if we are required to do so by law or legal process, (iii) to law enforcement or other public authorities including to meet national security or law enforcement requirements, or (iv) when we believe disclosure is necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer Personal Data in the event we sell or transfer all or a portion of the business or assets (including in the event of a reorganization, dissolution or liquidation), or for the purpose of audits conducted by outside auditors as is necessary to satisfy statutory requirements. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use the Personal Data in a manner that is consistent with Venator’s privacy policies.
Venator uses Personal Data only for the purposes indicated in this Policy or in the Statement for Personal Data Privacy (Global) unless we have a legal basis, such as consent, to use it for other purposes. To the extent required by law, we obtain prior opt-in consent from Associates at the time of collection for the processing of Sensitive Data. Certain circumstances where we may not be required to obtain opt-in consent with respect to Sensitive Data could occur when the processing is (i) in the vital interest of the Associate or another person; (ii) necessary for the establishment of legal claims or defenses; (iii) required to provide medical care or diagnosis; (iv) necessary to carry out our obligations in the field of employment law; or, (v) related to Personal Data that has obviously been made public by the Associate.
Non-Associates (Covered Persons):
We offer Covered Persons the opportunity to choose (opt out) whether we may (i) disclose their Personal Data to certain third parties or (ii) use their Personal Data for purposes incompatible with the purposes for which the information was originally collected or subsequently authorized by the Covered Person. We may disclose Personal Data without offering an opportunity to opt out (i) to service providers the Company has retained to perform services on our behalf and under our instruction, (ii) if we are required to do so by law or legal process, (iii) to law enforcement or other public authorities including to meet national security or law enforcement requirements, or (iv) when we believe disclosure is necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer Personal Data in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation). We use Personal Data only for the purposes indicated in this Policy unless we have a legal basis, such as consent, to use it for other purposes. To the extent required by law, we obtain prior opt-in consent from Covered Persons at the time of collection for the processing of (i) Personal Data for marketing purposes, (ii) when Personal Data is to be used for a purpose that is materially different from the purpose for which it was originally collected or subsequently authorized; and, (iii) sensitive data.
Covered Persons may contact us as indicated below regarding the Company’s use or disclosure of their Personal Data.
Onward Transfer of Personal Data
The Statement for Personal Data Privacy (Global) describes the internal sharing or processing of Personal Data for all Associates globally and further explains when third-party disclosures of Personal Data may be required or permitted by law related to the employment relationship.
We may regularly share Personal Data with third parties as indicated in the “Choice” section above.
Concerning Covered Persons Venator may share Personal Data with third parties as indicated in the “Choice” section above, such as for the purposes of administration and reconciliation of Vendor-related invoices or business-related travel expenses or, auditing by a third-party auditor or, to conduct or send business-related surveys and communications or, to preserve or defend the Company’s legal rights following business-related demands or litigation.
Except as permitted or required by applicable law, Venator requires third parties to whom it discloses Personal Data and who are not subject to the Regulation (EU) 2016/679 of the European Parliament (EU GDPR), European Union Data Protection Directive 95/46 or an adequacy finding, to either subscribe to the Privacy Shield program or contractually agree to provide at least the same level of protection for Personal Data as is required by the relevant privacy principles. Except as permitted by the Privacy Shield principles, the Company retains liability for third-party processing of Personal Data in a manner inconsistent with the principles of the Privacy Shield.
Access
Where appropriate, Venator provides Associates / Covered Persons with reasonable access to the Personal Data the Company maintains about them to verify its accuracy and lawful uses. We also provide a reasonable opportunity for Covered Persons to correct, amend or delete that information where it is inaccurate or used inconsistent with the principles of the Privacy Shield program. We may limit or deny access to Personal Data where providing such access is unreasonably burdensome or expensive under the circumstances, or as otherwise permitted by the Privacy Shield program. The right to access Personal Data also may be limited in some circumstances by local law requirements.
Covered Persons may request access to their Personal Data by contacting us as indicated below.
Associates may also request access to their Personal Data by contacting the local HR Department, any local data protection officer (“DPO”) or as indicated in the Statement for Personal Data Privacy (Global) or in the Global Privacy Procedure.
Security
Venator takes reasonable precautions to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose
Venator takes reasonable steps to ensure that the Personal Data the Company processes are (i) relevant for the purposes for which they are to be used, (ii) reliable for their intended use, and (iii) accurate, complete and current. In this regard, we depend on Covered Persons (or Customers or Vendors, as appropriate) to update and correct Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized by the individuals.
Associates may contact the local HR representative or the Company’s Privacy Officer as indicated below and in the Statement for Personal Data Privacy (Global) to request that Venator update or correct relevant Personal Data.
Non-Associates (Covered Persons) may contact us as indicated below to request that we update or correct relevant Personal Data.
We take reasonable precautions to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Recourse, Enforcement and Liability
Venator has established procedures for periodically verifying implementation of and compliance with the Privacy Shield principles. We conduct an annual self-assessment of our Personal Data practices to verify that the attestations and assertions we make about our privacy practices are true and that our privacy practices have been implemented as represented. In the event we no longer maintain Privacy Shield certification, we will continue to adhere to the principles and requirements for so long as we retain such Personal Data.
Associates:
If Associate complaints cannot be resolved or remedied through the internal process, EU Associates can share their unresolved complaint about our processing of their Personal Data with their data protection authority (“DPA”) in the jurisdiction where they work. Venator will promptly respond to and cooperate with, at no cost to the Associate, the relevant authority or DPA panel in the investigation and the resolution of a concern or complaint, as appropriate. Under certain circumstances relative to the Privacy Shield, the DPA or DPA panel may refer an unresolved complaint to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement jurisdiction over Venator and can hear claims regarding possible unfair or deceptive practices and violations of privacy laws.
Non-Associates (covered persons):
Covered Persons may file a complaint concerning our processing of their Personal Data with the Company’s Privacy Officer, whose contact information is below. We will take steps to investigate and to promptly respond within forty-five (45) days to issues arising out of a failure to comply with the Privacy Shield principles. The form below can be used to initiate an internal complaint regarding the Company’s Personal Data practices. If a Covered Person’s complaint cannot be resolved or remedied through our internal processes, we will cooperate, at no cost to the Covered Person, with JAMS, an alternative dispute resolution provider based in the U.S., whose website and dispute resolution process can be found at www.jamsadr.com/??international-mediation-rules. The Covered Person also may refer the matter through their local data protection authority to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement jurisdiction over Venator and can hear claims regarding possible unfair or deceptive practices and violations of privacy laws.
If a Covered Person continues to have concerns related to Privacy Shield Data handling practices, as a last resort, the decisions of the alternative dispute resolution provider may be appealed to a Privacy Shield Panel, which will have the authority to arbitrate disputes and to impose individual-specific non-monetary equitable relief to remedy any non-compliance with the principles of the Privacy Shield. A Covered Person may invoke such binding arbitration for those certain Privacy Shield related purposes by following the procedure provided to the Covered Person by the Company at the initiation of the internal complaint.
How to Contact Venator
For access requests or to ask questions about this Privacy Shield Policy or the Company’s Personal Data practices, please send an email to [email protected] or contact us at:
Venator
Attention: Legal Department.
Dr.-Rudolf-Sachtleben-Str. 4
42198 Duisburg, Germany
Phone: +49 2066 2202919
[email protected]
To initiate a compliant about the Company’s Personal Data practices, please complete the complaint form and send, fax or email it to us at the above contact information.
