MyMomentive Privacy Policy Revised October 2024
1 Identification of the data controller
This website is controlled and operated by Momentive Performance Materials Inc., a Delaware (USA) corporation with its headquarters/principal office at 2750 Balltown Road, Niskayuna, NY 12309, USA, and its subsidiaries (“Momentive” or “We”).
2 Data protection contact
If you have any questions or concerns, please contact us at webprivacy(at)momentive.com.
3 Scope
This Privacy Policy describes the collection, use, and disclosure practices of the Momentive eCommerce Platform hosted at https://shop.mymomentive.com (the “Site”). From time to time, Momentive may make changes to this Privacy Policy. Such changes do not have retroactive effect and will only apply to our future practices. Any such future modifications to this Privacy Policy will be posted on the Site, with an updated “Revised” date at the top.
Sections of this Privacy Policy specifically applicable to users of the Site from the European Union (EU) and the European Economic Area (EEA) are marked in grey.
4 Purpose and legal basis for processing
4.1 Processing of personal data when visiting our Site
Whenever you browse the Site, i.e., the mere viewing without registration and without providing us with any other information, Momentive’s web server will temporarily log each access to its log file. Through this process, Momentive will collect and store the below data until they are deleted in accordance with statutory requirements:
- IP address of requesting system.
- Time and date of access.
- Name and URL of the data accessed on our web server.
- Transferred data volume.
- Confirmation whether download was successful.
- Header information identifying the requesting browser and operating system.
Momentive processes this data only to the extent required for the purposes of providing access to the content of the Site and to secure and administer Momentive’s systems. The IP address will only be analyzed in case of security incidents on Momentive’s systems.
The legal basis is Art 6 Para 1 lit. f) General Data Protection Regulation (“GDPR”). You cannot access our Site as a user without us receiving such data. Our legitimate interest consists in making the use of the Site technically possible.
4.2 Registering for MyMomentive
Before ordering the Momentive products, you need to register and provide Momentive with the following personal data:
- First and last name,
- email address,
- company name and address,
- position/job title,
- phone number.
The legal basis for the collection and processing of this personal data is Art 6 Para 1 lit. b) GDPR.
4.3 Ordering products
If you order products, you will be asked to provide the following data in addition to the data listed under Section 4.2:
- Billing information (such as credit card or bank account information),
- delivery addresses.
The legal basis for the processing of personal data is Art. 6 Para 1 lit. b) GDPR.
4.4 Contacting us
You can also contact us via web form, email or phone. When you contact us, the data you provide (in particular your email address, your first and last name the content of your enquiry as well as any other information you have provided by email/phone or web form) will be stored by us in order to process your enquiry and answer your questions.
The data processing is justified according to our legitimate interests (Art 6 Para 1 lit f) GDPR). We have an interest to respond to your query. If your request is aimed at the fulfilment of a contractual or pre-contractual measure, Art 6 Para 1 lit b) GDPR is the legal basis for the data processing.
4.5 Use of cookies and similar technologies
To ensure a good user experience, our Site uses cookies and similar technologies (together “cookies”). These cookies are small text files that are stored on your end device (e.g. mobile phone or laptop). Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognise your browser the next time you visit us (so-called persistent cookies).
We use the following cookies on our Site:
4.5.1 Strictly necessary cookies
Cookies that are strictly necessary to deliver the Site to you, cannot be rejected via our cookie compliance solution. All cookies details are available through the privacy preference center (symbol in bottom left corner).
The legal basis for the use of these cookies is Sec 25 Para 2 No 2 of the German Act on Data Protection and the Protection of Privacy in Telecommunications and Digital Services (“TDDDG”) or, with regard to the processing of personal data, on the basis of Art 6 Para 1 lit f) GDPR. Our legitimate interests consist in being able to provide you with a technically optimised Site that is user-friendly and tailored to your needs, and to ensure the security of our systems.
4.5.2 Functional cookies
The functional cookies enable us to gather information on how our Site is used in order to improve and ensure its appeal, content and functionality. All cookies details are available through the privacy preference center.
The legal basis for the use of such cookies is your consent to the storage and reading of information on your end device according to Sec 25 Para 1 TDDDG and, with regard to the processing of personal data, according to Art 6 Para 1 lit a) GDPR. You can withdraw your consent at any time with effect for the future, e.g. by adjusting your cookie settings. Your consent withdrawal does not affect the lawfulness of processing based on consent before its withdrawal.
Please note that the Cookie providers transmit the information generated by the cookies about your use of the Site to servers in the U.S. and share this data within the group companies and with other third parties. Because of this, personal data may be transferred to the U.S. and third countries for which there is no adequacy decision by the EU Commission. This may entail various risks for the legality and security of data processing. For this reason, in this case, the providers either carry out the data transfers based upon an adequacy decision (such as the EU-U.S. Data Privacy Framework) or will use the standard contractual clauses approved by the EU Commission in accordance with Art 46 Para 2 lit c) GDPR. Through these standard contractual clauses, the providers undertake to comply with the European level of data protection when processing your personal data, even if the data is stored or otherwise processed outside the EU / European Economic Area. You can find the standard contractual clauses provided by the EU Commission at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32021D0914.
4.6 Recipients of the data
4.6.1 Recipients bound by instructions
When you provide information to Momentive, it may be shared with third party service providers (“Processors”) within and outside your domestic region to perform processing tasks or business functions for us on our behalf. This includes fulfilling your requests, managing our customer relations, and offering you Momentive products.
4.6.2 Independent recipients
In addition, in individual cases, we also pass on your data to other third parties, such as:
- Professional advisers (including but not limited to legal advisers and financial advisers), insurers, bankers, auditors, financial organisations, and administrators.
- Public authorities, courts, or other bodies, if we are required by law or by official or court order of an EU member state to disclose personal data to these bodies. These bodies also use the data on their own responsibility.
- Other Momentive legal entities.
- In the event Momentive merges with another company, or another company acquires all or part of Momentive’s assets, including without limitation, in the event of bankruptcy.
If there is a legal obligation to disclose the data, the legal basis for the data transfer is Art 6 Para 1 lit c) GDPR. If, on the other hand, the disclosure is necessary for the fulfilment of a contractual or pre-contractual measure with you as a natural person, Art 6 Para 1 lit b) GDPR is the legal basis. Otherwise, the transfer is based on our legitimate interests and the legal basis is Art 6 Para 1 lit f) GDPR. We have a legitimate interest in making the work processes efficient and in sharing business processes within the Momentive group for this purpose.
4.6.3 Data transfers to recipients in third countries outside the EU/EEA
Insofar as any of the above-mentioned onward-data transfers are made to a recipient outside the EU/EEA (to so-called “third countries”), an appropriate level of data protection for the foreign transfer is ensured either by so-called adequacy decisions provided by the European Commission (see https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en) or by means of suitable security measures (so-called standard contractual clauses). If you have any questions about such data protection transfers outside the EU/EEA and would like more information about our security measures for the transfer of data to third countries, please feel free to contact us as indicated below (see Section 10).
5 Third-party links
This Site may feature links to other websites. Momentive is not responsible for the content, security, or privacy practices employed by other websites. You should contact these companies directly if you have any questions about their collection or use of information about you.
6 Your rights
In certain circumstances, under the GDPR, you have the rights described below in relation to the pro-cessing of your personal data. You can assert your rights by sending a request by post or email to the addresses specified in Sections 1, 2, 10. These rights include the following:
6.1 Right of access
In accordance with Art 15 GDPR, you can ask us for a copy of the personal data we hold about you and a description of how we use that personal data.
6.2 Right to rectification
In accordance with Art 16 GDPR, if you believe any personal data we hold on you may be inaccurate or incomplete, and you are unable to correct this personal data yourself, you can require us to rectify these inaccuracies.
6.3 Right to erasure
In accordance with Art 17 GDPR, you can require us to erase your personal data in certain limited circumstances.
6.4 Right to restrict processing
In accordance with Art 18 GDPR, you can require us to restrict our use of your personal data or object to how it is used in certain limited circumstances.
6.5 Right to data portability
In accordance with Art 20 GDPR, where we process your personal data using automated means on the basis of either your consent or to perform a contract, you can request that we supply such personal data to another party.
6.6 Right to withdraw consent
In circumstances where we process your personal data on the basis of your consent, you have the right to withdraw your consent to the processing of your personal data at any time with effect for the future at no additional cost by addressing us e.g. via email as stated below in Section 10. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
6.7 Right to object to processing
In accordance with Art 21 GDPR, if we process your personal data based upon Art 6 Para 1 lit e) or f) GDPR, you have the right to object to the processing of personal data concerning you. The processing of your personal data will then cease, unless we have legitimate grounds to continue the processing that override your interests, rights and freedoms, or the processing is for the assertion, exercise, or defence of legal claims.
6.8 Right to lodge a complaint with a supervisory authority
In accordance with Art 77 GDPR, you have the right to lodge a complaint with a data protection supervisory authority if you believe that the processing of your personal data infringes data protection law.
6.9 Data processing when exercising your rights
The personal data provided by you when exercising your rights (as per Art 15 to 21 GDPR) will be processed for the purpose of implementing these rights, providing verification hereof and, if applicable, defending legal positions. In this context, your data will be stored for three years as of the complete fulfilment of your rights as a data subject.
The legal basis for this processing is our compliance with our legal obligations (Art 6 Para 1 lit c) GDPR in conjunction with Art 15 to 21 GDPR). If the personal data is processed for purposes relating to legal defence, this also constitutes a legitimate interest (as per Art 6 Para 1 lit f) GDPR).
You are neither contractually nor legally obliged to provide your personal data; however, the fulfilment of your request to exercise your rights as a data subject can be rejected (as per Art 12 Para 2 sen 2 GDPR) if you do not provide the data required to identify you uniquely (after being requested to do so, if applicable).
7 Erasure of your data
Unless otherwise stated, we will delete your personal data as soon as it is no longer required for the purposes for which we collected it in accordance with the preceding Sections. We will only keep your data if we are obliged to do so for legal reasons or if the data is needed for criminal prosecution or to secure, assert or enforce legal claims or if the data is required for a longer period of time for criminal prosecution or for the assertion, exercise, or defence of legal claims. This is also our legitimate interest in accordance with Art 6 Para 1 lit f) GDPR. Storage then takes place until the relevant process has been completed plus the statutory limitation period.
If data must be stored for legal reasons, processing will be restricted. The data is then no longer available for further use.
8 Provision of personal data
You are obliged to provide us with your personal data if you want to conclude a contract with us. Without providing us with your personal data, we cannot conclude a contract with you.
9 Automated decision making
We do not use automation to make specific decisions in regard to profiling.
10 Contact us
If you have any questions or concerns, please contact us at webprivacy(at)momentive.com.