Welcome to www.koaspeer.com (the “Site”), a website provided by KOA Speer Electronics, Inc,a Delaware corporation, (“KSE”). KSE respects your privacy, and this policy covers KSE’sdisclosure, handling and use of information collected from you through the Site or other sourcesin the ordinary course of KSE’s business.
You should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to KSE. Your use of the Site, providing any information toKSE or any other indication of your assent is deemed to be acceptance by you of this policy. Ifyou do not agree to this policy, you should not use, and should immediately terminate your useof, the Site and not otherwise provide any information to KSE. For purposes of this Section,accessing the Site only to review this policy is not deemed to be use of the Site.
2. Privacy Shield
Some information collected by KSE may relate to residents of the European Union or Switzerland. The European Union and Switzerland have adopted requirements for the protectionof certain information, and in order to satisfy such requirements, KSE has (a) agreed to complywith (i) the E.U.-U.S. Privacy Shield Framework Principles, including the SupplementalPrinciples, designed by the U.S. Department of Commerce and the European Commission and(ii) the Swiss-U.S. Privacy Shield Framework Principles, including the Supplemental Principles,designed by the U.S. Department of Commerce and Swiss Administration and (b) elected to selfcertify under the E.U.-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy ShieldFramework administered by the U.S. Department of Commerce (the “Privacy Shield”). Inparticular, KSE has agreed, with respect to all Shield Information, to adhere to the PrivacyShield’s principles of notice, choice, accountability for onward transfer, security, data integrityand purpose limitation, access and recourse, enforcement and liability. For purposes of enforcing compliance with the Privacy Shield, KSE is subject to the investigatory andenforcement authority of the U.S. Federal Trade Commission, which can impose sanctionsconsisting of administrative orders and civil penalties. KSE is listed athttps://www.privacyshield.gov/list as having certified to its compliance with the Privacy Shield.For more information regarding the Privacy Shield, please see the U.S. Department ofCommerce’s website at https://privacyshield.gov.
In this policy:(a) “Analytical Information” means all Non-Personal Information obtained through the use ofcookies (or other tracking technologies) and server log files (including, but not limited to, (i)your search terms, (ii) your computer’s access date and time, browser, connection speed, Internetservice provider, language, location, manufacturer, visit details, and operating system, and (iii)whether or not you opened e-mail messages and other electronic communications from KSE, andif you did, the times they were opened);(b) “Collected Information” means all (i) Personal Information and (ii) Non-PersonalInformation;(c) “Non-Personal Information” means all information collected by KSE, whether electronicallyor manually, through (i) the Site, (ii) e-mail messages and other electronic communications thatyou may send to KSE, and (iii) other sources in the ordinary course of KSE’s business, that is notPersonal Information (including, but not limited to, any Analytical Information);(d) “Personal Information” means all information collected by KSE, whether electronically ormanually, through (i) the Site, (ii) e-mail messages and other electronic communications that youmay send to KSE, and (iii) other sources in the ordinary course of KSE’s business, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessibleinformation to identify, such individual (including, but not limited to, name, e-mail address,physical address, phone number, and human resource data from employees);(e) “Sensitive Information” means all Shield Information of an individual that specifies (i) healthdata, (ii) racial or ethnic origin, (iii) political opinions, (iv) religious or philosophical beliefs, (v)union membership, (vi) genetic data, (vii) biometric data or (viii) the sex life or sexualorientation of such individual; and(f) “Shield Information” means all Personal Information collected by KSE, whetherelectronically or manually, through (i) the Site, (ii) e-mail messages and other electroniccommunications that you may send to KSE, and (iii) other sources in the ordinary course ofKSE’s business that relates to individuals residing in the European Union or Switzerland and thatis otherwise covered by the Privacy Shield.
4. Collected Information
No Collected Information is obtained from you, unless it is voluntarily provided, except for any collected Information obtained automatically through the Site as set forth in this policy.Regardless of the method used to obtain Collected Information, KSE will collect and retainPersonal Information in its primary and backup files only to an extent that is relevant to thepurposes for which it is provided by you, and except for Shield Information, for KSE’s otherlegitimate business purposes. You are responsible for obtaining any approvals, authorizations,consents and permissions that are required in connection with your providing KSE with any information (including, but not limited to, any information relating to a third party).
You may refuse to provide any information to KSE at any time by terminating your use of the site, or in all other cases not involving use of the Site, by notifying KSE as set forth in Section23. If you refuse to provide any information when requested to do so by KSE or the Site, youmay not be able to access, or otherwise enjoy the benefits of, certain products and services fromKSE or features of the Site.
6. Electronic Communications
Whether or not you have previously sent KSE an e-mail message, you consent to KSE’s sending you e-mail messages and other electronic communications (a) in connection with your use of the site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose(including, but not limited to, KSE’s newsletter and other marketing materials). Since KSEendeavors to send e-mail messages and other electronic communications only to individualsdesiring to receive them, you can unsubscribe to such e-mail messages or other electroniccommunications at any time by contacting KSE as set forth in Section 23 or by following thedirections contained in such e-mail messages or other electronic communications. Any requestto unsubscribe to e-mail or other electronic communications will likely be effective within 48hours after your request is received by KSE.
7. Analytical Information
When you access the Site, KSE will collect Analytical Information. Your browser may provideyou with the ability to not accept cookies, as well as the ability to delete already-existingcookies. If you refuse, or delete previously-existing, cookies, you may not be able to enjoy somefeatures of the Site.Analytical Information will only be used by KSE (a) to record your use of the Site, (b) todiagnose problems with the Site, (c) to improve the Site and make the Site more useful to youand other users, and (d) for other legitimate business purposes of KSE. KSE will collectAnalytical Information either directly or through third parties acting on its behalf.
8. Sensitive Information
Any provision of this policy to the contrary notwithstanding, if KSE collects any sensitive information from you, your explicit consent (i.e. among other things, you must “opt in”) will be obtained before such Sensitive Information is (a) disclosed to a third party or (b) used for a purpose other than the purposes for which such Sensitive Information was originally collected or subsequently authorized by you through the exercise of an “opt-in” choice. KSE will also treatas Sensitive Information any Personal Information of an individual received by KSE from a thirdparty if the third party identifies it in writing to KSE, and treats it, as sensitive.
All electronic Personal Information is controlled or processed by KSE on servers located atKSE’s place of business in Bradford, Pennsylvania, and on other servers located at an off-site data center located in Coudersport, Pennsylvania. KSE may transfer Collected Information to athird-party sub-controller or processor only pursuant to Section 11.
KSE will protect Personal Information from loss, misuse and unauthorized access, alteration,destruction and disclosure as required by all laws applicable to KSE; provided, however, that,except as provided in the immediately following sentence, KSE will, at a minimum, use commercially reasonable administrative and technical efforts to protect Personal Information from loss, misuse and unauthorized access, alteration, destruction and disclosure. Certain personal Information posted by you on the Site may be accessible to the general public, and KSEis not responsible for protecting such Personal Information from loss, misuse or unauthorizedaccess, alteration, destruction or disclosure. For example, if you participate in a public forum onthe Site, any information disclosed by you when doing so may be available to the general public.Also, since no transmission of information over the Internet or electronic storage of informationis completely secure, it is possible that Collected Information could be lost, misused or accessed,altered, destroyed or disclosed without authorization, even if KSE uses such reasonable efforts.In providing information to KSE, you must assume the risk that Collected Information could belost, misused or accessed, altered, destroyed or disclosed without authorization.
11. Use and Transfer of Collected Information
All Collected Information may be used by KSE for any legitimate business purpose, except that,in the case of Shield Information and only to the extent required by the Privacy Shield, such purpose (a) is relevant to the purpose for which Shield Information has been provided by you or(b) has been subsequently authorized by you. If KSE expressly states in this policy or in anotherwriting that any Collected Information will only be used for a specific purpose, KSE will onlyuse such Collected Information for such purpose, unless you subsequently consent to its beingused for another purpose.Any Collected Information obtained by KSE, whether or not for a specific purpose, may betransferred to third parties designated by KSE (including, but not limited to, any affiliates,distributors, sub-contractors or vendors of KSE) for any purposes for which KSE could use suchCollected Information, except that, in the case of Shield Information and only to the extentrequired by the Privacy Shield, (a) KSE will notify you of such transfer, (b) such third party’sright to use Shield Information is limited to such purposes, (c) such third party is obligated toprovide at least the same level of privacy protection as is required by the Privacy Shield, (d) KSEtakes commercially reasonable steps to ensure that such third party effectively processes ShieldInformation in a manner consistent with KSE’s obligations under the Privacy Shield, (e) such third party is required to notify KSE if such third party makes a determination that it can nolonger meet its obligation to provide the same level of privacy protection as required under thePrivacy Shield, (f) upon such notice, KSE must take commercially reasonable steps to stop andremediate unauthorized processing of Shield Information, and (g) upon the request of the U.S.Department of Commerce (or its designee), KSE must provide a summary or representative copyof the relevant privacy provisions of its agreements with such third party. In cases of onwardtransfers to third parties of Shield Information, KSE is potentially liable for the failure of suchthird party to comply with the Privacy Shield.KSE may also at any time, in its sole discretion, disclose and use any Collected Information(including, but not limited to, a computer’s Internet protocol addresses), whether or not youfurnished such Collected Information for a specific purpose, to (a) comply with, or as permittedby, any applicable law or government request, (b) cooperate with law enforcement, and otherthird parties, in investigating a claim of fraud, illegal activity or infringement of intellectualproperty rights, (c) protect the rights, property or legitimate business interests of KSE or a thirdparty, or (d) transfer such Collected Information to a third party acquiring all, or substantially all,of KSE’s assets. If Collected Information is so transferred, KSE will have no responsibility forany action of the third party to whom or which such Collected Information is transferred.
KSE will delete Shield Data from its servers when it is no longer required for the purposes for which it was collected and processed, unless KSE has another lawful basis to continue holding it.
13. Third-Party Sites
KSE does not warrant or represent that any Collected Information will be accurate or error-free.However, upon your request, KSE will grant you access to your Personal Information in thepossession, or under the control, of KSE solely for the purpose of correcting or deleting suchPersonal Information that is inaccurate or has been processed in violation of this policy, exceptwhen the burden or expense of providing such access would be disproportionate to the risks toyour privacy or where the rights of a third party would be violated. If you desire access to anyShield Information for such purpose, you must contact KSE in writing as set forth in Section 23.
The Site is not intended for children under 13 years of age. However, if a parent or guardian of achild who is under 13 years of age discovers that Personal Information of such a child has beensubmitted to KSE through the Site without the parent’s or guardian’s consent, KSE will usecommercially reasonable efforts to remove such information from the Site and KSE’s servers atthe parent’s or guardian’s request. To request the removal of such Personal Information, theparent or guardian must contact KSE as set forth in Section 23, and provide all informationrequested by KSE to assist it in identifying the Personal Information to be removed.16. Applicable LawThis policy shall be governed by, and construed and interpreted in accordance with, (a) the lawsof the Commonwealth of Pennsylvania, without regard to its principles of conflict of laws, and inthe case of Shield Information, and only to the extent required by the Privacy Shield, (b) thePrivacy Shield. If there is any conflict or inconsistency between any provision of this policy andany provision of any applicable law or the Privacy Shield, the latter shall control.
Except as provided in Section 18, any complaint by you regarding any Collected Information, or otherwise relating to this policy, whether or not covered by the Privacy Shield, must first be submitted to KSE as set forth in Section 23, and KSE must be given a reasonable opportunity of not less than 45 days to investigate and respond to your complaint. Upon KSE’s completingsuch investigation and so responding, KSE and you must then attempt, in good faith, to promptlyresolve any remaining aspects of your complaint. If any aspect of your complaint remainsunresolved after an additional reasonable period of time of not less than 45 days, (a) you maycommence litigation against KSE in connection with the unresolved portion of your complaintonly in a court located in McKean County, Pennsylvania, and having subject matter jurisdictionover your complaint, and (b) you consent to any such court’s being, and waive any objection(including, but not limited to, any such objection based on inconvenience) to such court’s notbeing, a proper venue for your complaint.
18. Independent Recourse Mechanism
If you have a complaint that relates to Shield Information, KSE offers an independent recourse mechanism to resolve your complaint that you may use in lieu of the process described in Section 17. The independent recourse mechanism offered by KSE is more fully described athttps://privacyshield.gov. In order to access the independent recourse mechanism, you must file a complaint with the International Centre for Dispute Resolution of the American ArbitrationAssociation (“ICDR”), and after receiving your complaint, ICDR will resolve the disputebetween you and KSE by following the ICDR Dispute Resolution Procedures located athttps://go.adr.org/privacyshield.html. All fees of ICDR in connection with your use of itsindependent recourse mechanism described in this Section will be paid by KSE.If all other options available to you for resolving a complaint are unsuccessful, and uponsatisfaction of certain other conditions, you can lodge your complaint with the Privacy ShieldPanel, which is an “arbitration mechanism” of three neutral arbitrators. Any decision of thePrivacy Shield Panel is binding and enforceable in courts of the United States.With respect to human resources data that is Shield Information and that is used by KSE in thecontext of the employment relationship, KSE will, as applicable, (a) cooperate with, and complywith the advice given by, the E.U. data protection authorities, and (b) cooperate with, andcomply with the advice given by, the Swiss Federal Data Protection and InformationCommissioner.
19. Entire Agreement
Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and KSE, with respect to Collected Information. If you use the Site or otherwise have business dealings withKSE, such use or dealings will be subject to this policy, plus any other written agreementbetween the parties that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
KSE may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with any applicable law or the PrivacyShield. Any such revision will take effect immediately upon such posting, and will apply to allCollected Information obtained by KSE after such posting. It is your responsibility toperiodically check this policy on the Site for revisions to this policy. The latest version of thispolicy will always be the one posted on the Site.
Except as provided in this policy or in the Privacy Shield or other applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with your enforcing your rights under this policy.23. Contact InformationIf you have any questions or complaints, desire additional information, or need to notify KSE ofanything regarding KSE’s handling of any Collected Information or otherwise relating to thispolicy, please promptly contact KSE as follows:KOA Speer Electronics, Inc.Attn: Mr. Jeffrey Senulis199 Bolivar DriveBradford, Pennsylvania firstname.lastname@example.org Bolivar Drive Bradford, PA 16701
Effective Date: December 31st, 2018