VIASYSYEMS.COM STATEMENT OF USER PRIVACY
Safe Harbor and Online Users Privacy Policy of Viasystems Group, Inc.
1. Purpose. Viasystems Group, Inc. and its subsidiaries (“Viasystems”)
have created the following Privacy Policy (a) to comply with the United States
Safe Harbor, (b) to facilitate the exchange of information between Viasystems’ offices
located in the United States, Mexico, the European Union, Hong Kong, Singapore
and China and in other jurisdictions, and (c) to govern information Viasystems
generally receives through this Web Site. The scope and terms of this Privacy
Policy are set out below.
2. Your Agreement. Your use of this Web Site, or submission
of information via this Web Site, constitutes your agreement to the terms of
this Privacy Policy. Please review these terms to ensure they are acceptable.
In addition, please also review our Terms of Use, located elsewhere on this
Web Site to ensure they are similarly acceptable.
3. Safe Harbor Certification. Viasystems has adopted (i) this
Safe Harbor and Online Users Privacy Policy and (ii) a separate Viasystems
Employee Privacy Policy in order to participate in the US Safe Harbor. Viasystems
certifies with the U.S. Department of Commerce that these Privacy Policies
comply with the Safe Harbor and provide the adequate protections specified
in the Data Protection Directive.
4. Scope of Policy; Application to Viasystems. This Privacy
Policy governs the practices of Viasystems in respect of the collection, use
and disclosure of data that personally identifies an individual or company
or that may be used to personally identify an individual or company “Personal
Data”. Personal Data includes data such as an individual's name,
address, phone number, email address, user ID and password, personal billing
information, and credit card information. This Privacy Policy does not apply
to any other data subjects.
4.1. No Application to Viasystems Employees; Employee Personal Data
Protection. This Privacy Policy does not set out the Personal Data
Protection Practices of Viasystems with respect to employees of Viasystems.
5. Site Visitors. Information which Viasystems may receive
concerning visitors using the Viasystems Web Site falls into two broad categories:
Aggregate Information (defined below in Section 5.1) and Personal Data (defined
in Section 4.1 above). This Section sets out Viasystems’ practices to
protect the Personal Data applicable to visitors of this Web Site.
5.1. Aggregate Information from Site Visitors. "Aggregate
Information" is information that does not identify a visitor to this
Web Site, and may include, for example, statistical information concerning
the web pages on the Viasystems Web Site that users most frequent. Aggregate
Information may be collected through cookies and similar Internet technologies. "Cookies" are
small text files that a web site can use to recognize repeat users, to facilitate
the user's ongoing access to and use of the site, and to compile aggregate
data to improve the web site and focus advertising. If Viasystems uses cookies
or other similar internet technologies on its Web Site, these technologies
will not collect or retain the visitor of the Web Site’s name or other
Personal Data. In addition, no third parties are permitted to use for their
own purposes cookies Viasystems may create at the Viasystems Web Site. With
Aggregate Information, Viasystems may undertake or commission statistical and
other summary analyses of visitors of this Web Site’s behavior and characteristics
when visiting the Viasystems Web Site. Although Viasystems may share this aggregate
information with third parties, no aggregate information Viasystems provides
to third parties will allow such third parties to identify a visitor to this
Web Site, or gather any Personal Data about visitors to this Web Site.
5.2. Personal Data from Site Visitors. Viasystems may receive
Personal Data from visitors to this Web Site, where applicable, (i) to submit
questions or comments to Viasystems or its staff, (ii) to request information
about products or services offered by Viasystems, (iii) request a quote for
products or services performed by Viasystems, or (iv) to employ other features
that may be available at the Web Site which call for submission of Personal
Data. Viasystems uses Personal Data which visitors submit through the Viasystems
Web Site (a) to respond to an inquiry or request for quote provided by a visitor
to the Web Site (although Viasystems in this Privacy Policy undertakes no obligation
to respond to any inquiry or request of quote), and (b) to provide the services
or products requested by the visitor, where the requested services or products
are, in fact, offered by Viasystems and are in accordance with Viasystems’ standard
business procedures.
5.3. Further Uses. Viasystems may wish to use Personal Data
for purposes which are in addition to those specified in Section 5.2. (Personal
Data from Site Visitors) and which do not involve disclosures beyond those
permitted in Section 11 (Onward Disclosures). If Viasystems uses Personal Data
for these additional purposes, such as for contacting the visitor
to the Viasystems Web Site independent of an inquiry from such visitor, such
visitor shall be entitled to opt-out of such additional uses in accordance
with Section 10 (Choice and Opt-Out Rights).
5.4. Disclosure. Viasystems will not disclose Personal Data
received from visitors to the site except in accordance with Section 11 (Onward
Disclosures).
6. Employment Applicants. The Viasystems Web Site allows individuals
to submit an application for employment with Viasystems through the Viasystems
Web Site (an “Employment Applicant”). Applications submitted
by Employment Applicants will include Personal Data. This Section provides
Viasystems’ protection practices with respect to the Personal Data submitted
through this Web Site.
6.1. Use of Employment Applicants' Personal Data. Viasystems
uses Personal Data it receives from Employment Applicants (i) to process the
Applicants' applications, (ii) to contact references which may be identified
in such applications, (iii) to collect and compile additional information concerning
the Applicant from available sources, consistent with applicable law, and (iv)
to evaluate the Employment Applicant's candidacy for employment.
6.2. Further Uses. Viasystems may wish to use an Employment
Applicant's Personal Data for purposes which are in addition to those specified
in Section 6.1 (Use of Employment Applicant's Personal Data) and which do not
involve disclosures beyond those permitted in Section 11 (Onward Disclosures).
If Viasystems uses an Employment Applicant's Personal Data for these additional
purposes, such as for contacting the Employment Applicant independent of the
employment application process, the Employment Applicant shall be entitled
to opt-out of such additional uses in accordance with Section 10 (Choice and
Opt-Out Rights).
6.3 Disclosure. Except as otherwise set forth herein, Viasystems
will not disclose Personal Data received from an Employment Applicant except
in accordance with Section 11 (Onward Disclosures).
6.4. Sensitive Data. Viasystems does not request Personal
Data that discloses the medical or health condition; race or ethnicity; political,
religious or philosophical affiliations or opinions; sexual orientation; or
trade union membership (“Sensitive Data”) of an Employment Applicant
or any other user of this Web Site, except as expressly permitted under the
local laws and regulations of the applicable jurisdiction. In the event an
Employment Applicant submits Sensitive Data, Viasystems will handle such Sensitive
Data in accordance with Section 8 (Sensitive Data).
7.1. Viasystems Has No Obligation to Consider Application. Due
to the nature of the Internet and the structure of the Viasystems Web Site,
Viasystems may receive (i) substantially more applications through this Web
Site than Viasystems wishes to review, (ii) applications which do not meet
the requirements for positions that are available, and (iii) applications at
points where no positions are currently available. Accordingly, there is no
assurance that Viasystems will process or review materials which Employment
Applicants submit seeking employment with Viasystems. Viasystems expressly
disclaims any obligation to engage in such processing or review, and disclaims
any obligation to respond to any Employment Applicant submissions.
8. Sensitive Data. This Section provides Viasystems’ practices
to protect the Sensitive Data of visitors of the Web Site.
8.1. Compliance with Law. Viasystems complies with the laws
and regulations applicable to Sensitive Data in their respective jurisdictions,
and does not collect or request Sensitive Data except in accordance with such
laws and regulations.
8.2. Additional Protections for Sensitive Data. If Viasystems
receives Sensitive Data, Viasystems will not disclose such Sensitive Data to
any third party and will not use the Sensitive Data for any purpose other than
(i) for the purpose for which it was originally provided by the sender of the
Sensitive Data or (ii) for a later purpose expressly authorized or consented
to by the sender of the Sensitive Data, except as provided below in Section
8.3 (Exception from Consent Requirement for Certain Disclosures).
8.3. Exception from Consent Requirement for Certain Disclosures. Notwithstanding
the requirements of Section 8.2 (Additional Protections for Sensitive Data),
Viasystems shall be entitled to use or disclose Sensitive Data (as well as
Personal Data) where such disclosure or use: (i) is in the vital interests
of the sender of the data or another person, (ii) is necessary for the establishment
of legal claims or defenses, (iii) is required to provide medical care or diagnosis,
(iv) is necessary to carry out Viasystems’ obligations in the field of
employment law, or (v) is related to data manifestly made public by the sender
of such Sensitive Data.
9. Confidentiality and Security Of Personal Data. Viasystems
maintains physical, electronic and procedural safeguards designed to secure
the Personal Data of the users and visitors of this Web Site, and to prevent
unauthorized access. These technical security systems are structured to deter
and prevent hackers and others from accessing the Personal Data of the users
and visitors of this Web Site.
9.1. Limitations on Technical Protections. Due to evolving
technologies, Viasystems cannot provide assurance that Personal Data provided
will remain free from loss, misuse, or alteration through third parties who,
despite Viasystems’ efforts, obtain unauthorized access.
9.2. Employee Education. Employees of Viasystems with access
to Personal Data concerning users and visitors of this Web Site are educated
concerning Viasystems’ applicable Personal Data protection practices,
and employees who violate these practices are subject to disciplinary process.
10. Choice and Opt-Out Rights. Viasystems will use the Personal
Data of users and visitors of this Web Site for the purposes specified in Section
5 (Site Visitors), Section 6 (Employment Applicants), above (collectively, "Original
Purposes"). Viasystems may wish periodically to use such Personal
Data for purposes other than the Original Purposes, including for purposes
of providing the users and visitors of this Web Site with direct marketing
and other information. Information provided to a visitor of this Web Site for
such purposes is referred to collectively as "Direct Marketing Information."
10.1. Opt-Out Notice. If a user or visitor of this Web Site
does not want to receive Direct Marketing Information from Viasystems, such
visitor shall send a letter to Viasystems in accordance with Section 18 hereof
and mail it to Viasystems.
10.2. Response. If Viasystems receives an Opt Out Notice
for Direct Marketing from a user or visitor of this Web Site, Viasystems
will restrict their uses of such person’s Personal Data to the
Original Purposes, or such other purposes as such person may authorize,
subject to the Data Subject's rights under Section 12 (Rights to Access,
Change, or Delete Personal Data). Viasystems shall be entitled to a reasonable
period of time to process a request under this Section 11 (Choice and
Opt-Out Rights).
11. Choose and Opt-out Rights; Onward Disclosures. Viasystems
discloses Personal Data of users of this Web Site only
to its employees who have a reasonable "need to know" such
Personal Data, and such employees are under obligations
of confidentiality to Viasystems. Viasystems will not disclose
the Personal Data of users of this Web Site to anyone other
than such reasonable "need to know" employees,
except as provided below in this Section 1 (Onward Disclosures)
and in Section 16 (Assignment).
11.2. Viasystems Agents. Viasystems may
disclose Personal Data of users or visitors of this Web
Site (i) to a third party that is acting as Viasystems’ agent
to perform tasks on Viasystems’ behalf and under
Viasystems’ supervision, provided the third party
either (a) subscribes to the Safe Harbor principles or
(b) agrees (1) to provide auditable protections for such
person’s privacy interests that are no less protective
than those set out in this Privacy Policy, and (2) to use
the Personal Data only for the purposes for which the third
party has been engaged by Viasystems.
11.3. Other Third Parties. Except as provided
for herein, Viasystems will not disclose Personal Data
of users or visitors to this Web Site to any third party
other than one identified in this Section 11 (Onward Disclosures)
without such person’s express consent.
12. Right To Access, Change, or Delete Personal
Data. Upon reasonable request, and to the extent
the request does not compromise Viasystems practices to
protect Personal Data, Viasystems allows users and visitors
of this Web Site access to their Personal Data to correct,
amend or delete such Data.
12.1. Requests. All requests under this
Section 12 (Right to Access, Change, or Delete Personal
Data) must be sent in writing to the address specified
below in Section 18 (Complaints, Questions, and Requests).
12.2. Timing of Response. Viasystems will
endeavor to timely respond to proper requests for access
and changes or deletions under this under this Section
12 (Right to Access, Change, or Delete Personal Data).
Any questions or inquiries concerning the timing of Viasystems’ response
should be directed to the address specified below in Section
18 (Complaints, Questions, and Requests).
12.3. Conditions. Viasystems reserves
(i) the right, where permitted by law or other legal authority,
to charge a reasonable fee to cover the costs incurred
in responding to an appropriate request, and (ii) reserves
the right to delete such information, rather than correct
or update this information where the information retains
limited utility.
12.4. Extent of Data Deletions. Upon fulfilling
a requested deletion of Personal Data under this Section
12 (Right to Access, Change, or Delete Personal Data),
Viasystems will cease to use such Personal Data and will
use commercially reasonable efforts to remove all record
of such Personal Data; however, it may be impossible to
delete the information completely from applicable Viasystems
databases, due to backups and records of deletions.
13. Privacy Protection For Children. The
Viasystems Web Site is not directed at children, and Viasystems
will not accept or request Personal Data from individuals
Viasystems knows to be under 13. In accordance with the
Children's Online Privacy Protection Act of 1998, if Viasystems
learns that a child under 13 has provided Personal Data,
Viasystems will delete this information from its databases,
in accordance with its deletion policy, set out in Section
12 (Right to Access, Change, or Delete Personal Data).
14. Exceptions. As further provided herein,
Viasystems may disclose Personal Data as may be required
in legal proceedings, or in response to a subpoena, court
order, or administrative order compelling disclosure. In
addition, in cases involving a threat of imminent harm
to a Data Subject or to others, Viasystems may release
such Personal Data to prevent or mitigate the threat. In
any such case, Viasystems will seek to limit the scope
of disclosure, and will disclose only such Personal Data
as is reasonably required to fulfill the purpose of the
disclosure.
15. Changes to This Privacy Policy. The
practices of Viasystems to protect Personal Data defined
in this Privacy Policy are current as of January 1, 2007.
Viasystems reserves the right to change this Privacy Policy
from time to time consistent with applicable privacy laws
and principles. Unless such changes afford greater protections
to the privacy interests of users and visitors of this
Web Site, such changes will apply only to Personal Data
received after the effective date of such change. Users
and visitors of this website should refer to this Privacy
Policy for information concerning such changes. Where Viasystems
deems appropriate, other forms of notice will be given
concerning such changes.
16. Assignment. Viasystems shall be entitled
to assign or transfer to a third party Personal Data that
Viasystems receives under this Privacy Policy, in connection
with the sale or transfer of all or an applicable portion
of its business or assets; provided such third party agrees
before receipt of such data to comply with restrictions
on the use of such data that are no less protective of
the privacy interests of users and visitors of this Web
Site than those set out in this Privacy Policy.
17. Choice Of Law And Jurisdiction. This
Privacy Policy shall be construed in accordance with the
laws of the State of Missouri, without regard to any conflict
of law provisions. Any dispute arising under this Privacy
Policy shall be resolved exclusively by the state sitting
in St. Louis County, Missouri, or in the case of Federal
Jurisdiction is proper, the Eastern District of Missouri.
18. Complaints, Questions, and Requests. Safe
Harbor and Online Privacy Policy Data Subjects may contact
Viasystems (i) with complaints concerning this Privacy
Policy or its implementation, (ii) with questions concerning
this Policy, and (iii) with requests under Section 12 (Right
to Access, Change, or Delete Personal Data), at the following
address:
Viasystems Group, Inc.
Office of the General Counsel
101 South Hanley Road
Clayton, MO 63105
Opt-Out Notice For Direct Marketing
Capitalized terms in this Notice are defined in Viasystems’ Privacy
Policy for Safe Harbor and Online Users. This Policy is located at www.viasystems.com
Viasystems periodically may wish to use Personal Data to
send Direct Marketing Information to users and visitors to its Web Site
located at www.viasystems.com (the “Viasystems
Web Site”). Such users and visitors of the Viasystems Web Site
have the right to opt-out of receiving such Direct Marketing Information,
in accordance with Section 10 of Viasystems’ Privacy Policy for
Safe Harbor and Online Users. If you are a user or visitor to the Viasystems
Web Site, and you choose to exercise this opt-out right, please send
a letter to the address below informing Viasystems of your desire to
exercise your right to opt-out.
Viasystems Group, Inc.
Office of the General Counsel
101 South Hanley Road
St. Louis, MO 63105
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