United States

Privacy Statement

The content of this website is owned by Nunhems, who is part of the BASF Group. We are delighted that you have visited our Website. Thank you for your interest in NUNHEMS.

This Privacy Policy describes how Nunhems USA, Inc. ("NUNHEMS," "we," "us," or "our") may collect information about you during your visit to this website (www.nunhemsusa.com) ("Website") or other websites or platforms controlled by NUNHEMS that direct visitors to this Privacy Policy, as well as when you purchase our products and services, or otherwise communicate or interact with NUNHEMS in person or electronically. NUNHEMS values your privacy and is providing this Privacy Policy to describe the information we collect and how that information may be used, disclosed, transferred, retained or otherwise processed. By visiting our Website, purchasing our products or services, or by otherwise interacting with us online or offline, you are agreeing to the terms of this Privacy Policy. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in the Disclaimer.

 

Important Notice to all Non-US Residents

Please be aware that our Website and our products and services are directed to individuals in the United States of America. If you are located outside of the United States and choose to visit our Website or other NUNHEMS/ BASF websites and platforms, or purchase our products or services, or otherwise communicate or interact with NUNHEMS in person or electronically, please be aware that your information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin, and you do so at your own risk.

 

Important Notice to Residents of the State of California

Natural persons who reside in the State of California should review the Notice for California Residents below. You may have additional rights under California law.

 

The Information We Collect

We collect or receive the following types of information:

Personal Information

We may collect your personal information, such as name, company name, IP address and email or physical address, from you directly, or indirectly, through business relationships, or from publicly available online sources. We will collect, use, disclose, transfer, retain or otherwise process your personal information in accordance with this Privacy Policy.

Payment Information

If you purchase our products or services, a third-party payment processor may receive access to your payment information (such as credit card number and billing address) for the sole purpose of processing transactions. Any such payment processors will be bound to maintain all such personal information in a secure environment, keep it confidential and not use or disclose such information for any purpose other than to validate purchases.

Cookies

We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive (or other storage medium) so that your computer or device will “remember” information about your visit. We use both first and third-party session cookies and persistent cookies.

Below is a general primer on session and persistent cookies; information collected by cookies depends on its particular purpose. For more information, please see Information from Third-Party Analytics Providers below. 

  • Session Cookies: We use session cookies to make it easier for you to navigate our Website and other NUNHEMS/ BASF websites and platforms. A session ID cookie expires when you close your browser.
  • Persistent Cookies: A persistent cookie remains on your hard drive for an extended period of time or until you delete them. You can remove persistent cookies by following directions provided in your web browser’s “help” file. To the extent we provide a log-in portal or related feature on our Website or other NUNHEMS/ BASF websites or platforms, persistent cookies can be used to store your passwords so that you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our visitors to personalize the experience on our Website or other NUNHEMS/ BASF websites or platforms.

In some cases, we may associate information that you have provided to us (e.g., email address) with the cookies that we use. In addition to facilitating the purposes described above, this is useful in understanding your engagement with other content related to our Website or other NUNHEMS/ BASF websites or platforms (e.g., email open rates, URL click-throughs).

If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, certain aspects of our Website or other NUNHEMS/ BASF websites or platforms may not function properly or as intended.

Information from Third-Party Analytics Providers

We may use one or more third–party analytics services to evaluate your use of our Website or other NUNHEMS/ BASF websites or platforms, as the case may be, by compiling reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs and other similar usage data) and analyzing performance metrics. These third parties use cookies and other technologies to help collect, analyze, and provide us reports or other data.

By accessing and using our Website or other NUNHEMS/ BASF websites or platforms, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Website or other NUNHEMS/ BASF websites or platforms.

For Google Analytics, please visit: https://marketingplatform.google.com/about/analytics/

 

HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information for the following purposes:

  • to develop, implement, market, promote, and sell products, services, and special offers;
  • to purchase, acquire, and solicit products, services, and special offers from our suppliers;
  • to manage our business and provide day-to-day services including, but not limited to, ordering, shipping, delivering, invoicing, collecting, establishing credit arrangements, administering rebates, discounts, and special programs, processing payments, managing accounts, and supply chain activities;
  • to investigate and respond to customer inquiries and complaints;
  • to establish customer, supplier, and retailer relationships and to communicate with customers, suppliers, and retailers;
  • to research, develop and improve existing and new products, technologies, and services;
  • to provide information and training to customers, suppliers, and retailers about existing and new products and services of NUNHEMS, including the use of such products and services;
  • to manage and promote the business activities of NUNHEMS, including the development and evaluation of business plans;
  • to review and assess market trends and activities impacting the business of NUNHEMS;
  • to secure and protect the safety and well-being of our customers, suppliers, retailers, the community, and the environment;
  • to better understand our customers, online visitors, suppliers and service providers, we may analyze your information in aggregate form (which will not identify you personally);
  • to administer or enforce our rights under an agreement or otherwise protect NUNHEMS and its rights;
  • to carry out other purposes which are identified to you; for example, in any terms of use or agreements related to a specific product or service of NUNHEMS; and
  • to meet requirements imposed by law; including court orders, subpoenas, or compliance with the legal process.

 

HOW WE SHARE YOUR PERSONAL INFORMATION

We may disclose your personal information to third parties in the following circumstances:

  • to third parties who provide services to us or on our behalf for the purposes described in this Privacy Policy, but only to the extent needed to enable them to provide such services;
  • as required or permitted by law including, but not limited to, complying with a court order, complying with a statute or regulation, and assisting with investigations by law;
  • to administer or enforce our rights under an agreement;
  • in emergency situations that threaten the life, health, or security of an individual, the community, or the environment;
  • in the event of a change of ownership, sale, merger, liquidation, reorganization, or acquisition of NUNHEMS, a NUNHEMS business unit or department, or substantially all of NUNHEMS or a NUNHEMS business unit or department’s assets outside the ordinary course of business, your personal information may be transferred as part of the transaction, as permitted by law;
  • in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements and when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas;
  • in aggregate form with our agents, current and prospective business partners, and to other third parties; or
  • to our affiliates and subsidiaries and other members in the BASF group of companies (in aggregate and non-aggregate forms) for the purposes described in this Privacy Policy.
     

OPT-OUT FOR DIRECT MARKETING; EMAIL MANAGEMENT

You may opt out at any time from the use of your personal information for direct marketing purposes and/or the transfer of your personal information to third parties for direct marketing purposes by clicking on the “Unsubscribe” link located on the bottom of any NUNHEMS marketing email and following the instructions found on the page to which the link takes you. You may also opt out at any time from such use by sending us an email to data.privacy@vegetableseeds.basf.com, provided, however, that you may be required to provide sufficient information that allows us to reasonably verify you are the person, or are an authorized representative of such person, about whom we collected such personal information. You cannot opt out of receiving transactional e-mails related to our products and services. Please allow us a reasonable time to process your request.


HOW WE PROTECT YOUR INFORMATION

NUNHEMS takes the security and privacy of your personal information very seriously. Accordingly, we implement reasonable security measures designed to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations.  Please understand, however, that no security system is impenetrable.  We cannot guarantee the security of our databases or the databases of the third parties with whom we may share your information (as permitted herein), nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet.  In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

 

CHILDREN

We do not knowingly collect personal information from children under the age of 13. If you are under 13, please do not give us any personal information.  We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information without their permission.  If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at data.privacy@vegetableseeds.basf.com, and we will endeavor to delete that information from our databases.

 

DO NOT TRACK

NUNHEMS does not respond to “Do Not Track” settings or other related mechanisms at this time.


EXTERNAL WEBSITES

The Website and other NUNHEMS/ BASF websites and platforms may contain links to third-party websites. These third-party websites may collect information about you if you click on a link and may automatically record information about your browsing behavior every time you visit a site. We have no control over the privacy practices or the content of these websites.  As such, we are not responsible for the content or the privacy policies of those third-party websites.  You should check the applicable third-party privacy policy and terms of use when visiting any other websites.


CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of the “Last Updated” date stated at the top of the policy.  We may change this Privacy Policy (including the Notice for California Residents) from time to time with or without notice to you. By visiting the Website, purchasing our products and services, or by otherwise interacting with NUNHEMS in person or electronically after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes.  Please be aware that, to the extent permitted by applicable law, and without prejudice to the foregoing, our use of your personal information is governed by the Privacy Policy in current effect.  Please refer back to this Privacy Policy on a regular basis.

 

CONTACT

If you have any questions or for more information about our Privacy Policy and the practices set forth herein, please contact us at:

BASF Corp.
Attention:  Data Protection Officer
100 Park Avenue
Florham Park, NJ 07932
Telephone: 800-831-2191
Email: Privacy.Team.BASF.Corp@BASF.com

OR

Nunhems USA, Inc.
1200 Anderson Corner Road
ID 83660 Parma
USA
E-mail: data.privacy@vegetableseeds.basf.com

Notice for California Residents

Last Updated:  December 16, 2019

This Notice for California Residents (“CCPA Notice”) is a supplement to our Privacy Policy and applies to the “personal information,” as such term is defined in the California Consumer Privacy Act of 2018 (“CCPA”), of natural persons who reside in the State of California (“consumer” or “you”). Any capitalized terms or other terms not defined in this CCPA Notice shall have the meaning ascribed to them elsewhere in the Privacy Policy or Disclaimer or, if not defined herein or elsewhere in the Privacy Policy or Disclaimer, the CCPA. To the extent of any conflict between this CCPA Notice and any other provision of the Privacy Policy, this CCPA Notice shall control only with respect to California residents and their personal information. If you are located elsewhere, please see the rest of our Privacy Policy above.

The CCPA requirements will be phased in with respect to the personal information of job applicants from California. If you are a job applicant from California certain rights listed herein may not apply to you. 


Information We Collect About California Residents

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, device or household (“Personal Information”). In particular, we have collected the following Categories of Personal Information from consumers in the twelve (12) months preceding the Last Update:

Table I   -- Categories of Personal Information (w/examples)

Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

Categories of Personal Information Listed in Cal. Civ. Code § 1798.80(e))

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.            

Protected classification characteristics under California or federal law

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Commercial information

Records of personal property, products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies.

Biometric Information  

genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data

Internet or other similar network activity

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.    

Geolocation data

Physical location or movements.

Sensory Data

audio, electronic, visual, thermal, olfactory, or similar information

Professional employment-related information

current or past job history or performance evaluations

Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g; 34 C.F.R. Part 99)

education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records

Inferences drawn from other Personal Information

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Categories of Sources of Personal Information                                                                                                                                 

We obtain the Categories of Personal Information in Table I from the following Categories of Sources:

  • Directly from Consumer, e.g., forms consumers complete or submissions you make to us on our Website or other websites or platforms controlled by BASF, provide to us in person at trade shows or other marketing and sales related events, or products and services consumers purchase from us, or any of the above activities through our service providers or vendors.
  • Indirectly from Consumer, e.g., from observing consumer actions on our Website and other websites.
    • Consumer Interactions with Website
    • Cookies
    • Social Media Websites
  • Business Relationships directly with consumers or with other business partners, such as distributors, retailers, data brokers/data resellers, consultants, sponsorships, trade memberships, etc.
  • Information Publicly Available Online, such as government databases, online profiles, social media, and Internet search engines.

 

Table II sets forth the Categories of Sources for each Category of Personal Information collected:

Table II

Categories of Sources

 

Categories of Personal Information

Directly from Consumer

·         Identifiers.

·         Personal information categories listed in the California Customer Records statute

(Cal. Civ. Code § 1798.80(e)).

·         Protected classification characteristics under California or federal law.

·         Commercial information.

·         Biometric information.

·         Sensory data.

·         Professional or employment-related information.

·         Non-public education information (per the Family.

·         Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

 

Indirectly from Consumer

·         Identifiers

·         Internet or other similar network activity.

·         Geolocation.

·         Inferences drawn from other personal information.

Business Relationships

·         Identifiers.

·         Personal information categories listed in the California Customer Records statute

(Cal. Civ. Code § 1798.80(e)).

·         Protected classification characteristics under California or federal law.

·         Commercial information.

·         Professional or employment-related information.

 

Information Publicly Available Online

·         Identifiers.

·         Personal information categories listed in the California Customer Records statute

(Cal. Civ. Code § 1798.80(e)).

·         Protected classification characteristics under California or federal law.

·         Professional or employment-related information.

Use of Personal Information of California Residents

We may use any of the Categories of Personal Information set forth above for one or more of the following Business Purposes:

  • to meet requirements imposed by law, including court orders, subpoenas, or compliance with the legal process;
  • to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • as described to a consumer when collecting Personal Information or as otherwise set forth in the CCPA; and
  • to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Website users is among the assets transferred.

 

In addition to the above, we collect each Category of Personal Information for the Business Purposes as set forth in Table III:

Point of Collection

Category of Personal Information Collected

 

Business Purpose

Passive Online Interactions

 

A Passive Online Interaction takes place when a natural person interacts with a BASF website or mobile application without actively providing information directly within the website or mobile application.

·         Identifiers

·         Internet or other similar network activities

·         Geolocation data

·         Inferences drawn from other personal information

·         To develop, implement, market, promote, and sell products, services, and special offers

·         To establish customer, supplier, and retailer relationships and to communicate with customers, suppliers, and retailers

·         To manage and promote the business activities of BASF, including the development and evaluation of business plans

·         To personalize a consumer’s Website experience and to deliver content and product and service offerings relevant to their interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with their consent, where required by law)

Individual Interactions

 

A person who has interacted with BASF for a limited purpose such as:

·         Website visitor who signs up or registers in a sales, marketing or educational capacity

·         Existing or prospective vendor or supplier

·         Trade-shows and Events

·         Job applicant

·         Attending in-person or online training

All Categories of Personal Information collected from Passive Online Interactions, and

·         Personal information characteristics under California or federal law

·         Protected classification characteristics under California or federal law

·         Inferences drawn from other personal information

·         Professional or employment-related information

 

All Business Purposes for which Personal Information is collected from Passive Online Interactions, and

·         To carry out other purposes which are identified to a consumer; for example, in any terms of use or agreements related to a specific product or service of BASF

·         To purchase, acquire, and solicit products, services, and special offers from our suppliers;

·         To provide information and training to customers, suppliers, and retailers about existing and new products and services of BASF, including the use of such products and services;

·         To review and assess market trends and activities impacting the business of BASF;

·         To provide, develop, implement, market, support, personalize, and develop our Website, products, and services;

·         To create, maintain, customize, and secure a consumer’s account with us

 

Business Relationships

 

A person who has engaged in a commercial transaction with BASF such as:

·      purchased products or services

·      supplier or provider of products or services

·      retailer or distributor of BASF products or services

All Categories of Personal Information collected from Passive Online Interactions, Individual Interactions, and:

·         Commercial Information

·         Professional or employment-related information

 

All Business Purposes for which Personal Information is collected from Passive Online Interactions, Individual Interactions, and

·         To secure and protect the safety and well-being of our customers, suppliers, retailers, the community, and the environment;

·         To administer or enforce our rights under an agreement or otherwise protect BASF and its rights;

·         To process consumer requests, purchases, transactions, and payments and prevent transactional fraud;

·         To provide consumers with support and to respond to consumer inquiries, including to investigate and address consumer concerns and monitor and improve our responses;

·         For testing, research, analysis, and product development, including to develop and improve our Website, products, and services;

·         To research, develop and improve existing and new products, technologies, and services

 

Sharing Personal Information of California Residents

Disclosures of Personal Information for a Business Purpose

In the twelve (12) months preceding the Last Update, we have disclosed the following Categories of Personal Information for a Business Purpose:

  • Identifiers
  • California Customer Records personal information categories
  • Protected classification characteristics under California or federal law
  • Commercial information
  • Biometric information
  • Internet or other similar network activity
  • Geolocation data
  • Sensory data
  • Professional or employment-related information
  • Non-public education information
  • Inferences drawn from other personal information

 

Categories of Recipients to Whom We Disclose

In the twelve (12) months preceding the Last Update, we have disclosed Personal Information for a Business Purpose to the following Categories of Recipients:

•      Service Providers

•      Governmental Agencies (Federal or State)

•      Trade Industry Groups

•      Affiliates and subsidiaries of BASF and other members in the BASF group of companies (“Affiliates”)

•      Recipients in connection with legal or equitable claims, actions or proceedings (“Proceeding Recipients”)

 

Table IV sets forth each Category of Personal Information collected from or about consumers, and the Categories of Recipients to whom we disclosed such Personal Information:

Table IV – Categories of Personal Information and Categories of Recipients

Categories of Personal Information

Categories of Recipients

Identifiers.

Service Providers; Governmental Agencies; Trade Industry Groups; Proceeding Recipients; Affiliates

Personal information categories listed in the California

Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Service Providers; Proceeding Recipients

Protected classification characteristics under California

or federal law.

Service Providers; Governmental Agencies; Trade Industry Groups; Proceeding Recipients; Affiliates

Commercial information.

Service Providers; Governmental Agencies; Proceeding Recipients; Affiliates

Biometric information.

Service Providers; Affiliates

Internet or other similar network activity.

Service Providers; Proceeding Recipients; Affiliates

Geolocation data.

Service Providers; Affiliates

Sensory data.

Service Providers; Affiliates

Professional or employment-related information.

Service Providers; Proceeding Recipients; Affiliates

Non-public education information (per the Family

Educational Rights and Privacy Act (20 U.S.C.

Section 1232g, 34 C.F.R. Part 99)).

Service Providers; Proceeding Recipients; Affiliates

Inferences drawn from other personal information.

Service Providers; Affiliates

Sale of Personal Information

As of January 1, 2020, BASF will not “sell” Personal Information, as such term is broadly defined in the CCPA. However, in the twelve (12) months preceding the Last Update, we “sold” Identifiers for the Business Purpose of web and sales analytics.


Knowing Your Rights Under the CCPA

The CCPA provides consumers with specific rights regarding their Personal Information. In this section, we describe your rights under CCPA and explain how to exercise those rights.

 

Access to Specific Information and Data Portability Rights

You have the right to request that BASF disclose certain information to you about our collection and use of your Personal Information over the past 12 months.  If you wish to exercise either your right to access or your data portability right, you must submit a verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights).

Once we receive and confirm your verifiable consumer request (see Verification Process and Response Timing and Format sections below), we will disclose to you any of the following to the extent included in your request:

  • The Categories of Personal Information we collected about you.
  • The Categories of Sources for the Personal Information we collected about you.
  • Our Business Purpose for collecting or disclosing that Personal Information.
  • The Categories of third parties with whom Personal Information may have been shared.
  • The specific pieces of Personal Information we collected about you (also called a data portability request).
  • If we sold or disclosed your Personal Information for a Business Purpose, two separate lists disclosing:
    • sales, identifying the Personal Information categories that each Category of third party purchased; and
    • disclosures for a Business Purpose, identifying the Categories of Personal Information that each Category of third party obtained.

 

Deletion Request Rights

You have the right to request that BASF delete your Personal Information, subject to certain exceptions. If you wish to exercise this right, you must submit a verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights).

Once we receive and confirm your verifiable consumer request (see Verification Process and Response Timing and Format sections below), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception or other grounds to deny the request to delete applies under applicable law.  In the event an exception applies, we will notify you of such exception or grounds when we respond to your request.

 

Exercising Access, Data Portability and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by one of the following methods:

  • Website. A consumer may submit a request by completing the Consumer Request Form.
  • Calling us at 800-831-2191. A consumer may submit a request by calling the number to receive a voicemail message.  BASF will call back to provide more instruction and procure verification information.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

 

Verification Process

 A verifiable consumer request must:

  • Provide sufficient information in response to the website/email/phone verification question asked in the creation of your request that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative of such a person.  In the event we need additional information we will reach out to you personally to ask additional questions.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. BASF or a third party on behalf of BASF may follow up with you to determine whether a request is a verifiable consumer request under applicable law.

If we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you, BASF will deny the consumer request in whole or in part and will not to disclose the information requested or, as applicable, will not delete the information requested. BASF will respond to any such consumer request with a denial and will also explain why it has no reasonable method by which it can verify the identity of the requestor.

However, if a consumer request that seeks disclosure of specific pieces of Personal Information is denied because we cannot verify the identity of the person making the request under the applicable verification rules under the CCPA, then we shall treat the request as one that seeks the disclosure of the categories of Personal Information and apply the verification rules in the CCPA applicable to requests for disclosure of categories of Personal Information.

If a consumer request that seeks disclosure of categories of Personal Information is denied because we cannot verify the identity of the person making the request under the applicable verification rules in the CCPA regulation, then we shall provide or direct the requestor to our general business practices regarding the collection, maintenance and sale of Personal Information as set forth in this Privacy Policy.

 

Response Timing and Format

We will confirm receipt of a verifiable consumer request within ten (10) days of its receipt.

We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option. If you do not indicate a preference for delivery, BASF will use its discretion in choosing the method for delivery of the information.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before processing the request.

 

Personal Information Sales Opt-Out and Opt-In Rights

As of January 1, 2020, BASF will not sell the Personal Information of consumers. However, you do have the right to direct us to not sell your Personal Information at any time should we begin to do so (the “right to opt-out”).  Additionally, we would not sell the Personal Information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age.  Within the context of a parent or guardian acting on behalf of a child under 13 years of age, affirmative authorization means that the parent or guardian has provided consent to the sale of the child’s Personal Information in accordance with the requirements of the CCPA. For consumers 13 years and older, affirmative authorization means demonstrated through a two-step process whereby the consumer shall first, clearly request to opt-in and then second, separately confirm their choice to opt-in.


Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

We may offer you certain financial incentives permitted by the CCPA from time to time that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. See Financial Incentive section below.

Right to Designate an Authorized Agent

If you submit a request for access and portability or deletion through the use of an authorized agent, we may require that you (i) provide the authorized agent written permission to act on your behalf, and (ii) verify your identity directly with us. We may deny a request from an authorized agent that does not submit proof of authorization or where you have not verified your identity directly with us.


Financial Incentives

Details about specific financial incentives such as materials terms, the categories of Personal Information implicated, how you may opt-in to the incentive program, how you may exercise the right to withdraw, and a good faith estimate of the value of the data shall be disclosed by BASF to you at or before you provide BASF with your Personal Information in exchange for such financial incentives.

 

Other California Privacy Rights

Pursuant to California’s “Shine the Light” law (Civil Code Section § 1798.83), California residents have the right to request certain information regarding our disclosure of Personal Information  to third parties for their direct marketing purposes, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.  To make such a request, please send an email to Privacy.Team.BASF.Corp@BASF.com or write to us at BASF Corp., Attention:  Data Protection Officer, 100 Park Avenue, Florham Park, NJ 07932.

Last Update December 16, 2019