Privacy Statement

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 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, 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?

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:

  1. Information that you provide to us.
    1. 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.
    2. 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.
    3. 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.
  2. Automatic Information.
    1. 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.
    2. 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.
    3. 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.
    4. 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.
  3. Information from Others.
    1. 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:

  1. Improving the user experience on our websites, as permitted by applicable law;
  2. Providing services to you, which include:
    1. The acceptance and fulfillment of orders and to meet our contractual obligations relating to such orders;
    2. Answering any inquiries or requests related to potential or actual orders for product, service, support and warranty related matters; and
    3. Fulfilling any other contractual obligations we may have to you.
  3. 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;
  4. 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
  5. 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.
 

How and why do we use Cookies?

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. You can learn more about how we use cookies and similar technologies here.

 

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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:

  1. Personal data that is transmitted to us via our website is stored behind our secure firewalls, which we maintain and update regularly;
  2. 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;
  3. We deploy technologies that scan for potential viruses and malware for inbound and outbound communications to avoid unauthorized access to our networks and databases;
  4. 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
  5. We provide privacy training to individuals within different facets of our organization that access or use personal data in connection with their role.

Where personal data is transferred to non-related third parties or any country outside the EU/EEA within the above mentioned cases, appropriate safeguards 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 can you access your personal data and contact us?

  1. 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.
  2. If you have a question regarding access or handling to the personal data that you've submitted, please contact us at privacy@mksinst.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.
  3. 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?

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. To exercise any of these rights, object to processing or for any questions please contact us at privacy@mksinst.com, toll free at 1-855-378-5244 or via our website contact form.
 

Privacy Information for California Residents

If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your personal data (as defined in the California Consumer Privacy Act ("CCPA")). These rights include:

  1. The Right to Know: You have the right to know and see what personal data we have collected about you over the past 12 months, including:
    1. The categories of personal data we have collected about you;
    2. The categories of sources from which the personal data is collected;
    3. The business or commercial purpose for collecting your personal data;
    4. The categories of third parties with whom we have shared your personal data with, if any; and
    5. The specific pieces of personal data we have collected about you.
  2. The Right to Delete: You have the right to request that we delete the personal data we have collected from you. There are several exceptions, however, that include but are not limited to, when the data is necessary for us or a third party to do any of the following:
    1. Complete your transaction with us;
    2. Provide you a good or service;
    3. Perform a contract between you and us;
    4. Protect your security and prosecute those responsible for breaching it;
    5. Fix our system in the case of a bug;
    6. Protect the free speech rights of you or other users;
    7. Comply with the California Electronic Communications Privacy Act;
    8. Comply with a legal obligation; or
    9. Make other internal and lawful uses of the personal data that are compatible with the context in which you provided the personal data.
  3. The Right to Not be Discriminated Against: The CCPA provides you with the right to not be discriminated against for exercising your rights.

To exercise any of your rights, please contact us at privacy@mksinst.com, toll free at 1-855-378-5244 or via our website contact form. Once you contact us, we will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, verifying your name, email address, and other account information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. For an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent's request. We will answer all requests in a timely manner, as provided for in the CCPA.

 

Children's Privacy

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. 5.0, 3.5.20