We address this Supplemental EEA+ Privacy Notice to you if are located in the European Economic Area (EEA), United Kingdom (UK) or Switzerland (collectively EEA+). This Supplemental EEA+ Privacy Notice should be read in conjunction with the Privacy Statement.
If you are located in the EEA, the EU General Data Protection Regulation applies to the processing of your personal data. If you are located in the UK, the UK General Data Protection Regulation applies to the processing of your personal data. If you are located in the EEA or UK, references to the “GDPR” below are references to the General Data Protection Regulation as it applies in the country where you are located. If you are located in Switzerland, the provisions of the Swiss Federal Data Protection Act (the “FDPA”) apply to you, and references to the GDPR below shall be interpreted analogously for the purposes of applying the FDPA.
A. Who Is the Data Controller?
Your personal data is controlled by MKS Instruments, Inc., located at 2 Tech Drive, Suite 201, Andover, MA 01810 whose representative pursuant to the GDPR is MKS Instruments Deutschland GmbH, Schatzbogen 43, 81823, Munich, Germany, email: firstname.lastname@example.org.
B. What Are the Legal Bases for Processing?
To the extent required by applicable law, we collect and process personal data of individuals located in the EEA+ only where there exists a legal basis for doing so. Such legal bases are as follows:
C. On What Basis Do We Transfer Personal Data Across Borders?
MKS Instruments, Inc. is located in the United States and is governed by United States law. Your personal data may be transferred to, stored, and processed in the United States in connection with the use of and services provided on our sites.
Any transfer outside the EEA, Switzerland, Andorra, Argentina, non-public organizations in Canada, Faroe Islands, Guernsey, Israel, Isle of Man, Japan (for the EEA and UK), Jersey, New Zealand, the UK, or the Republic of Korea (for the EEA and UK) (or any other country deemed “adequate” by the European Commission, UK authorities, or under Swiss laws, as applicable) will be safeguarded by appropriate safeguards, in particular by concluding contractual measures based on approved standard contractual clauses.
D. Do You Have to Provide Personal Data?
There is no law or contract stating that individuals in the EEA+ have to use our services or products. We will try to tell you what personal data we need from you to provide certain services or products or a certain level of quality of services or products to you. In those cases, if you do not provide the personal data that we request from you, we will not be able to provide you with the services or products, or level of quality of services or products, that you request from us.
E. How Long do we Retain Personal Data?
Your personal data will be retained for as long as necessary to provide you with the services requested. When we no longer need to use personal data, we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it, unless we need to keep your information, including personal data, to comply with statutory retention periods e.g. for tax purposes for a legally prescribed time period thereafter, or if we need it to preserve evidence within statutes of limitation.
F. Your Rights
Under applicable law, you may have the following rights in relation to your personal data. These may be limited under applicable data protection law.
Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing. In this case your personal data will no longer be processed for such purposes by us.
You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us at email@example.com with any questions or concerns. You may view a list of supervisory authorities in the EEA, UK and Switzerland and their respective contact information here:
You can exercise your rights by emailing firstname.lastname@example.org or sending postal mail to:
MKS Instruments, Inc.
2 Tech Drive, Suite 201, Andover, MA 01810