Privacy Policy

Introduction

BASF Canada Inc. values its relationship with its customers, suppliers and employees and is committed to maintaining the privacy and security of their personal information. This Privacy Policy outlines: (a) how we will collect your personal information, (b) how we will use your personal information; (c) to whom we may disclose your personal information; and (d) how you can verify and correct your personal information.

Organizations covered by this Privacy Policy

This Privacy Policy applies to and governs the activities of BASF Canada Inc. and its Canadian subsidiaries including, but not limited to, Automotive Refinish Technologies, Inc. (collectively "BASF"). The BASF group of companies refers to BASF and any affiliates/related companies throughout the world.

Definition

"Personal Information" means information about an identifiable individual, but does not include the contact information of an employee of an organization (e.g. name, title, business address, business telephone number or business e-mail address). Personal Information does not include anonymous or non-personal information (i.e. information that cannot be associated with or traced to a specific individual).

Identifying Purposes

We collect, use and disclose Personal Information concerning our customers and suppliers 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 to customers, suppliers, and retailers about existing and new products and services of BASF;
• to manage and promote the business activities of BASF, including the development and evaluation of business plans;
• to review and assess market trends and activities impacting the business of BASF;
• 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; and
• to meet requirements imposed by law.

We collect, use and disclose Personal Information concerning our employees for the following purposes:

• to recruit, train, review, remunerate and retain a highly qualified and motivated workforce;
• to establish and maintain employer-employee relations;
• to establish and administer BASF policies and procedures;
• to establish, administer and provide compensation and benefits;
• to develop, manage and promote employee services;
• to develop, manage and provide tools and resources for employees;
• to manage and promote the business activities of BASF;
• to secure and protect the safety and well-being of our employees, the community and the environment; and
• to meet requirements imposed by law.

Consent

We will collect, use and disclose your Personal Information only with your consent, except where obtaining such consent would be inappropriate, or as permitted or required by law. Depending on the sensitivity of the Personal Information that we collect from you, your consent to our collection, use and/or disclosure may be express or implied.

Usually, we will seek your consent to use and/or disclose your Personal Information at the time of collection. In some circumstances, we may seek consent after we have collected your Personal Information but before we use it (for example, if we want to use the Personal Information for different purposes than previously identified).

You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. All communications with respect to the withdrawal of your consent or any change to your consent must be in writing and addressed to our Privacy Officer.

We assume that, unless you advise us otherwise, by receiving or reviewing this Privacy Policy or by continuing to conduct business or communicate with us, you have consented to the collection, use and disclosure of your Personal Information as described in this Privacy Policy.

In most circumstances, we will collect Personal Information directly from the individual to whom the information relates. From time to time, we may engage others, such as our distributors or retailers of our products, to collect Personal Information on our behalf.

Limiting Use of Personal Information, Disclosure and Retention

We will use your Personal Information:

• a) for purposes described in this Privacy Policy;
• b) for any other purposes for which we have obtained your consent (either express or implied); or
• c) as required or permitted by law

We may disclose your Personal Information to third parties in the following circumstances:

• a) you have provided your consent.
• b) to our affiliates and subsidiaries and other members in the BASF group of companies for the purposes described in this Privacy Policy;
• c) to third parties who provide services to us or on our behalf for the purposes described in this Privacy Policy;
• d) 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
• e) to administer or enforce our rights under an agreement;
• f) in emergency situations that threaten the life, health or security of an individual, the community or the environment; or
• g) in the event of a change of ownership, sale, merger, liquidation, reorganization or acquisition of BASF or a BASF business unit or department, your Personal Information may be transferred as part of the transaction, as long as, the party acquiring your Personal Information agrees to be bound by the terms of this Privacy Policy.

We will retain your Personal Information only as long as necessary to fulfill the identified purposes or as required or permitted by law.

We do not sell your Personal Information to any third parties without your consent.

Security

We will protect your Personal Information against loss, theft and unauthorized access, disclosure, copying, use or modification.

Our methods of protection will include physical measures (for example, locked filing cabinets and restricted access to offices or designated areas), organizational measures (for example, security clearances and limiting access on a "need-to-know" basis) and technological measures (for example, using passwords, firewalls and encryption).

When we engage third parties to provide services to us, we use contractual means to ensure a comparable level of protection is maintained while the Personal Information is in the possession of the third party. In some cases, these third parties may be located outside of Canada (e.g. the United States) and the Personal Information may become subject to the laws of that country and no contractual provision can override those laws. Similar to Canadian law, law enforcement agencies or other governmental authorities in the U.S. or other jurisdictions may obtain access to Personal Information but only where access is permitted by Canadian law, U.S. law, or the law of the applicable jurisdiction. Confidentiality and the security of information are key considerations for BASF in any outsourcing arrangement to third parties, both inside and outside Canada.

Accuracy

We will use our best efforts to ensure that your Personal Information is accurate, complete and up to date as necessary for the purposes for which it will be used.

If your Personal Information changes, please keep us informed of such changes.

Individual Access

Upon written request to our Privacy Officer, we will inform you of our collection, use, and disclosure of your Personal Information and we will give you access to your Personal Information. You may challenge the accuracy and completeness of your Personal Information and have it amended as appropriate.

We will respond to your request within a reasonable period of time.

As permitted or required by law, we may refuse or not be able to provide you with access to all of your Personal Information. This may occur in a variety of situations, including but not limited to, when the information contains references to other individuals or contains confidential business information which cannot be severed from the record; when the information is collected in the course of investigating a breach of an agreement or federal or provincial laws; when the information is collected in the course of a formal dispute resolution process; and when the information is subject to solicitor-client privilege.

In some circumstances, your Personal Information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.

If we cannot provide you with access to your Personal Information, we will inform you of the reasons, subject to any legal or regulatory restrictions.

Accountability, Openness and Compliance

We are responsible for all Personal Information under our control.

We have designated a Privacy Officer who is accountable and responsible for compliance with this Privacy Policy and addressing inquiries and concerns. If you have questions or concerns about this Privacy Policy and our procedures, please contact our Privacy Officer at Privacy_Officer@basf.com.

Amendments to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time and for any reason. We will post any changes to this Privacy Policy in advance on our website at www.basf.ca. We encourage you to refer to it on a regular basis.

This Privacy Policy was last updated on December 1, 2010.