MKS Instruments, Inc. (together with its affiliates and subsidiaries, referred to herein as "MKS," "we" or "us"), recognizes the importance of data privacy to our customers, suppliers, potential employees and other individuals visiting our website or providing us with personal data in connection with our products and services (collectively referred to herein as "you"). This Privacy Statement describes our policy regarding the privacy of your personal data when visiting our website, purchasing or supplying products and services, submitting employment applications, and otherwise providing personal data to us at events, trade shows, or in connection with product or service inquiries.
- What type of personal data do we collect?
- How do we use the personal data that we receive?
- How do we share your personal data?
- How are we securing your personal data?
- How can you access your personal data and contact us?
- What choices and rights do you have regarding your personal data?
- Privacy Information for Persons in the European Economic Area, the United Kingdom and Switzerland
- Privacy Information for California Residents
- Children's Privacy
- Changes to this Privacy Statement
What type of personal data do we collect?
The information that we learn from you helps us to continually improve your experience with our website, products and services. Below are the types of personal data that we gather:
- Information that you provide to us.
- Contact and Account Registration Information: You might provide us with contact information and account registration data that you enter on our website, disclose by email or over the phone, or provide at events and trade shows. This can include name, title, employer, email address, postal address and phone number.
- Order Details: When you place an order through our website we collect information related to that order. This may include information such as items purchased, name, title, employer, shipping address, phone number, credit card information, financial information relating to orders, email address, or other data regarding your preferences and feedback on our business.
- Customer Service Information: You may provide your personal data to us when you submit questions and other messages to us through customer service requests. This could include your name, email address, phone number, account log in information, title, employer and details on the issue you are reporting.
- 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.
- Automatic Information.
- 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.
- Email Interactions and Analytics: Where applicable by law or if 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.
- 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.
- 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.
- Location Information: We use information about your country location to customize our website, products or services offered and features related thereto, in the jurisdictions that permit such use.
- Information from Others.
- In some cases, if you have consented or if it necessary for the performance of a contract, we may obtain information about you from third parties, partners, and financial/credit services.
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 Statement:
- Improving the user experience on our websites, as permitted by applicable law;
- Providing services to you, which include:
- The acceptance and fulfillment of orders and to meet our contractual obligations relating to such orders;
- Answering any inquiries or requests related to potential or actual orders for product, service, support and warranty related matters; and
- Fulfilling any other contractual obligations we may have to you.
- Complying with certain legal proceedings or regulatory obligations applicable to our business. We store and use personal data that enables us to effectively defend ourselves in the event of 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;
- We may use the data for purposes of sending marketing materials to you regarding our products and services and to further communicate with you. 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; and
- 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.
- For processing your job application. When you apply for a position at MKS, 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.
A "cookie" is a small data file that our site 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.
How 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.
- 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 Statement. Further, we may share your personal data with our affiliates for business purposes. These entities are all bound to comply with the terms of this Privacy Statement with regard to their use of your personal data.
- Third Party Service Providers and Channel Partners: We may provide personal data to third parties that are bound by our instructions, obligations consistent with this Privacy Statement and are providing products or performing services on our behalf in connection with our business operations. We do not permit our service providers or channel partners to use that personal data except as required to provide the product or service requested by MKS. Such services may include analysis on website usage, trends and traffic, hosting and IT storage services in which we might store submitted contact information (e.g., CRM or ERP systems), marketing vendors that help us to provide you with promotional offers, newsletters and product information, and suppliers of component materials or related services or logistics providers that help us deliver product to you.
- Corporate Transactions: We may share your personal data while negotiating or in relation to a change of corporate controls such as a restructuring, merger, acquisition, divestiture, or other sale of our assets.
- Legal Disclosures: We may disclose personal data where we believe it is required to comply with the law or to protect you and other users. 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.
- 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 provided 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:
- Personal data that is transmitted to us via our website is stored behind our secure firewalls, which we maintain and update regularly;
- 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;
- We deploy technologies that scan for potential viruses and malware for inbound and outbound communications to avoid unauthorized access to our networks and databases;
- 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
- We provide privacy training to individuals within different facets of our organization that access or use personal data in connection with their role.
How can you access your personal data and contact us?
- When you register online on our website, you can access your profile information at any time via your secure account by logging in and viewing your account. In most cases, you also have access to your last six months of order history for any orders you placed, either on the website or by phone.
- If you have a question regarding access or handling to the personal data that you've submitted, please contact us at email@example.com, toll free at 1-855-378-5244, or via our website contact form. For your security, online inquiries must be submitted using the email address associated with your account.
- If you are a German or Romanian citizen, you can contact our data protection officer at DPO@mksinst.com.
What choices and rights do you have regarding your personal data?
- As mentioned, you can always choose not to provide personal data to us. For example, you may elect not to create an online account or 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 product to you.
- If you do not want to receive email or marketing 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.
- 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.
- 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.
- Depending on the jurisdiction you live in, if your personal data is being processed for the purposes of direct marketing or advertising you may have the right to object to such processing.
- To exercise any of these rights, object to processing or for any questions please contact us at firstname.lastname@example.org, toll free at 1-855-378-5244 or via our website contact form.
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+), see our supplemental disclosures here.
Privacy Information for California Residents
If you are a California resident, see our California Consumer Privacy Act disclosures here.
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.
Changes to this Privacy Statement
We may update this Privacy Statement from time to time as our practices change and privacy law evolves. You will know if this Privacy Statement 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 Statement, 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 Statement.
MKS Privacy Statement, Rev.7.0, 2.26.23