KOA Speer Privacy Policy
Welcome to www.koaspeer.com (the “Site”), a website provided by KOA Speer Electronics, Inc., a Delaware corporation. KOA Speer Electronics, Inc. and its affiliate, KOA Speer Holding Corp., a Nevada corporation, (collectively, “KSE”) respect your privacy, and this policy covers KSE’s handling, disclosure and use of information collected from you through the Site or other sources in the ordinary course of KSE’s business.
1. Acceptance
You should review this policy carefully, and be sure you understand it, prior to using the Site or
otherwise providing any information to KSE. Your use of the Site, providing any information to
KSE or any other indication of your assent is deemed to be acceptance by you of this policy. If
you do not agree to this policy, you should not use, and should immediately terminate your use
of, the Site and not otherwise provide any information to KSE. For purposes of this Section,
accessing the Site only to review this policy is not deemed to be use of the Site.
2. Privacy Shield
Some information collected by KSE will relate to residents of the European Union or
Switzerland. The European Union and Switzerland have adopted requirements for the protection
of certain information, and in order to satisfy such requirements, KSE has (a) agreed to comply
with (i) the E.U.-U.S. Privacy Shield Framework Principles, including the Supplemental
Principles, designed by the U.S. Department of Commerce and the European Commission and
(ii) the Swiss-U.S. Privacy Shield Framework Principles, including the Supplemental Principles,
designed by the U.S. Department of Commerce and Swiss Administration and (b) elected to selfcertify
under the E.U.-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield
Framework administered by the U.S. Department of Commerce (the “Privacy Shield”)1. In
particular, KSE has agreed, with respect to all Shield Information, to adhere to the Privacy Shield’s principles of notice, choice, accountability for onward transfer, security, data integrity
and purpose limitation, access and recourse, enforcement and liability. For purposes of
enforcing compliance with the Privacy Shield, KSE is subject to the investigatory and
enforcement authority of the U.S. Federal Trade Commission, which can impose sanctions
consisting of administrative orders and civil penalties. KSE is listed at https://privacyshield.gov/list as having certified to its compliance with the Privacy Shield.
For more information regarding the Privacy Shield, please see the U.S. Department of
Commerce’s website at https://privacyshield.gov.
3. Information
In this policy:
(a) “Analytical Information” means all Non-Personal Information obtained through the use
of cookies (or other tracking technologies) and server log files (including, but not limited to, (i)
your search terms, (ii) your computer’s access date and time, browser, connection speed, Internet
service provider, language, location, manufacturer, operating system, and other visit details, and (iii)
whether or not you opened e-mail messages and other electronic communications from KSE,
and if you did, the times they were opened);
(b) “California Information” means all Personal Information that relates to residents of
California and that is otherwise covered by the California Consumer Privacy Act or the
California Online Privacy Protection Act (collectively,
the “California Laws”);
(c) “Collected Information” means all (i) Personal Information and (ii) Non-PersonalInformation;
(d) “Non-Personal Information” means all information collected by KSE, whether
electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic
communications that you may send to KSE, and (iii) other sources in the ordinary course of
KSE’s business, that is not Personal Information;
(e) “Personal Information” means all information collected by KSE, whether electronically
or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that
you may send to KSE, and (iii) other sources in the ordinary course of KSE’s business, that
relates to an individual and that identifies, or can be used in conjunction with other readilyaccessible information to identify, such individual (including, but not limited to, name, e-mail
address, physical address, phone number, and human resource data relating to employees of KSE
and KOA Europe GmbH);
(f) “Sensitive Information” means all Shield Information of an individual concerning the (i)
health, (ii) racial or ethnic origin, (iii) political opinions, (iv) religious or philosophical beliefs,
(v) union membership, (vi) genetic data, (vii) biometric data or (viii) sex life or sexual
orientation of such individual; and
(g) “Shield Information” means all Personal Information that relates to individuals in the
European Union or Switzerland and that is otherwise covered by the Privacy Shield.
4. Collected Information
No Collected Information is obtained from you, unless it is voluntarily provided, except for any
Collected Information obtained automatically through the Site as set forth in this policy.
Regardless of the method used to obtain Collected Information, KSE will collect and retain
Personal Information on the primary and backup files of KSE (or a third party acting on its
behalf) only to an extent that is relevant to the purposes for which it is provided by you, and
except for Shield Information, for KSE’s other legitimate business purposes (including, but not
limited to, marketing). You are responsible for obtaining any approvals, authorizations,
consents, permissions and permits that are required in connection with your providing KSE with
any information (including, but not limited to, any information relating to a third party).
5. Choice
You may refuse to provide any information to KSE at any time by terminating your use of the
Site, or in all other cases not involving use of the Site, by notifying KSE as set forth in Section
25. If you refuse to provide any information when requested to do so by KSE or the Site, you
may not be able to access, or otherwise enjoy the benefits of, certain products and services from
KSE or features of the Site.
6. Electronic Communications
Whether or not you have previously sent KSE an e-mail message, you consent to KSE’s sending
you e-mail messages and other electronic communications (a) in connection with your use of the
Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose
(including, but not limited to, KSE’s newsletter and other marketing materials). Since KSE
endeavors to send e-mail messages and other electronic communications only to individuals
desiring to receive them, you can unsubscribe to such e-mail messages or other electronic
communications at any time by contacting KSE as set forth in Section 24 or by following the
directions, if any, contained in such e-mail messages or other electronic communications. Any request to unsubscribe to e-mail or other electronic communications will likely be effective
within 48 hours after your request is received by KSE.
7. Analytical Information
When you access the Site, KSE will collect Analytical Information. Your browser may provide
you with the ability to not accept cookies, as well as the ability to delete already-existing
cookies. If you refuse, or delete previously-existing, cookies, you may not be able to use some
features of the Site.
Analytical Information will only be used by KSE (a) to record your use of the Site, (b) to
diagnose problems with the Site, (c) to improve the Site and make the Site more useful to you
and other users, and (d) for other legitimate business purposes of KSE (including, but not limited
to, marketing).
KSE collects Analytical Information either directly or through third parties acting on its behalf.
For example, Google Analytics is a third party used by KSE to collect Analytical Information,
and may use Analytical Information for its own purposes. You can learn more regarding the
collection and use of Analytical Information by Google Analytics at https://policies.google.com/technologies/partner-sites and https://policies.google.com/privacy and the identity of such other third parties by submitting a request therefor to KSE as set forth in
Section 24. KSE recommends that you review the privacy policies or practices of Google
Analytics, and such other third parties.
8. Sensitive Information
Any provision of this policy to the contrary notwithstanding, in the unlikely event that KSE
collects any Sensitive Information from you, your explicit consent (i.e. among other things, you
must “opt in”) will be obtained before such Sensitive Information is (a) disclosed to a third party or (b) used for a purpose other than the purposes for which such Sensitive Information was
collected. KSE will also treat as Sensitive Information any Personal Information of an individual
received by KSE from a third party if the third party identifies it in writing to KSE, and treats it,
as sensitive.
9. Security
KSE will protect Personal Information from loss and unauthorized access, alteration, destruction,
disclosure and use as required by all laws applicable to KSE; provided, however, that, except as
provided in the immediately following sentence, KSE will, at a minimum, use commercially
reasonable administrative and technical efforts to protect Personal Information from loss and
unauthorized access, alteration, destruction, disclosure and use. Certain Personal Information
posted by you on the Site may be accessible to the general public, and KSE is not responsible for
protecting such Personal Information from loss or unauthorized access, alteration, destruction,
disclosure or use. For example, if you participate in a public forum on the Site, any information
disclosed by you when doing so may be available to the general public. Also, since no
transmission of information over the Internet or electronic storage of information is completely
secure, it is possible that Collected Information could be lost or accessed, altered, destroyed,
disclosed or used without authorization, even if KSE uses such reasonable efforts. In providing
information to KSE, you must assume the risk that Collected Information could be lost or
accessed, altered, destroyed, disclosed or used without authorization.
10. Use of Collected Information
All Collected Information may be used by KSE for any legitimate business purpose, except that,
in the case of Shield Information and only to the extent required by the Privacy Shield, such
purpose must be (a) relevant to the purposes for which Shield Information has been provided by
you or (b) subsequently authorized by you. If KSE expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, KSE will only
use it for such purpose, unless you subsequently consent to its being used for another purpose.
11. Transfers of Collected Information
Any Collected Information obtained by KSE, whether or not for a specific purpose, may be
transferred to third parties designated by KSE (including, but not limited to, any affiliates,
distributors, sub-contractors or vendors of KSE) for any purposes for which KSE could use such
Collected Information, except that, in the case of Shield Information and only to the extent
required by the Privacy Shield, (a) KSE will notify you of such transfer, (b) such third party’s
right to use Shield Information is limited to such purposes, (c) such third party is obligated to
provide at least the same level of privacy protection as is required by the Privacy Shield, (d) KSE
takes commercially reasonable efforts to ensure that such third party effectively processes Shield
Information in a manner consistent with KSE’s obligations under the Privacy Shield, (e) such
third party is required to notify KSE if such third party makes a determination that it can no
longer meet its obligation to provide the same level of privacy protection as required under the
Privacy Shield, (f) upon such notice, KSE must take commercially reasonable efforts to
terminate and remediate unauthorized processing of Shield Information by such third party, and
(g) upon the request of the U.S. Department of Commerce (or its designee), KSE must provide a
summary or representative copy of the relevant privacy provisions of its agreements with such
third party. In cases of onward transfers to third parties of Shield Information, KSE is potentially
liable for the failure of such third party to comply with the Privacy Shield.
KSE may also at any time, in its sole discretion, disclose any Collected Information (including,
but not limited to, a computer’s Internet protocol addresses), whether or not you furnished such
Collected Information for a specific purpose, to (a) comply with, or as permitted by, any
applicable law or lawful request of a government or public authority for purposes of satisfying,
among others, national security and law enforcement requirements, (b) cooperate with law
enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) protect the rights, property or legitimate business
interests of KSE or a third party, or (d) transfer such Collected Information to a third party
acquiring all, or substantially all, of KSE’s assets. If Collected Information is so transferred,
KSE will have no responsibility for any action of the third party to whom or which such
Collected Information is transferred.
12. Third-Party Sites
The Site may contain links to, or be accessible from, websites provided by third parties
(individually a “Third-Party Site”). Your use of a Third-Party Site will be subject to its terms of
use and other provisions, and you are responsible for complying with such terms and other
provisions. This policy does not cover the privacy policies or practices of any Third-Party Site,
and KSE is not responsible for any information you submit to, or otherwise collected by, any
Third-Party Site. KSE is only responsible as set forth in this policy for Collected Information
obtained by it (a) through your authorized use of the Site or (b) from other sources in the
ordinary course of its business. You should consult each Third-Party Site for its privacy policy
or practice before submitting any information to, or otherwise using, such Third-Party Site.
13. Disclaimer
With respect to all Collected Information in the possession, or under the control, of KSE, KSE
does not warrant or represent, and expressly disclaims, (a) that such Collected Information is
accurate or error-free, (b) that such Collected Information was provided to KSE in compliance
with applicable law, (c) that the individual or entity providing such Collected Information has all
approvals, authorizations, consents, permissions, and permits required to provide such Collected
Information to KSE, or (d) otherwise.
14. Required Actions
Upon your request, and solely to the extent required by any applicable law, KSE will (a) delete
your Personal Information from its systems, (b) grant you access to your Personal Information in
its possession, or under its control, for the purpose of correcting or deleting such Personal
Information, or (c) take any other action with respect to your Personal Information. If you desire
to make such a request, you must contact KSE as set forth in Section 24.
15. Children
The Site is not intended for children under 13 years of age. However, if a parent or guardian of a
child who is under 13 years of age discovers that Personal Information of such child has been
submitted to KSE through the Site without the parent’s or guardian’s consent, KSE will use
commercially reasonable efforts to remove such information from the Site and KSE’s servers at
the parent’s or guardian’s request. To request the removal of such Personal Information, the
parent or guardian must contact KSE as set forth in Section 24, and provide all information
requested by KSE to assist it in identifying the Personal Information to be removed.
16. California Residents
KSE does not sell any California Information. KSE will, to the extent required by the
California Laws, disclose, delete or take any other action with respect to any California
Information. A resident of California may request pursuant to the California Laws (a
“California Request”), among other things, that KSE:
(a) Disclose to such resident:
(i) The categories of California Information relating to such resident that are
collected by KSE;
(ii) The categories of sources from whom or which California Information
relating to such resident is collected by KSE;
(iii) The purposes for KSE’s collecting California Information relating to such
resident;
(iv) The categories of third parties to whom or which KSE transfers California
Information relating to such resident;
(v) The specific pieces of California Information collected by KSE relating to
such resident; and
(vi) If California Information is disclosed for a business purpose to a third party,
the categories of such California Information relating to such resident that are
disclosed for a business purpose, and the categories of third parties to which or
whom such California Information are disclosed for a business purpose; and
(b) Except in certain circumstances, delete California Information of such resident.
Any California Request (a) can only be made twice in a 12-month period, (b) will require the
collection of certain information by KSE to verify the identity of such resident, and (c) must be
submitted to KSE as set forth in Section 24. KSE will respond to any such request within 45
days after receiving such information.
The California Laws require certain additional disclosures that can be found at this link:
California Privacy Disclosures. KSE will not discriminate against a resident of California for
exercising any right of such resident under the California Laws, except as permitted under the
California Laws.
17. Applicable Law
This policy shall be governed by, and construed and interpreted in accordance with, (a) in the
case of Shield Information, and solely to the extent required by the Privacy Shield, the Privacy (b) in the case of California Information, and solely to the extent required by the
California Laws, the California Laws, (c) any other applicable privacy law solely to the extent
required by such law, and (d) in all other cases, the laws of the commonwealth of Pennsylvania,
without regard to its principles of conflict of laws. If there is any conflict or inconsistency
between any provision of this policy and any provision of any applicable law, the latter shall
control.
18. Complaints
Except as provided in Section 19, any complaint by you regarding any Collected Information, or
otherwise relating to this policy, whether or not covered by the Privacy Shield, must first be
submitted to KSE as set forth in Section 24, and KSE must be given a reasonable opportunity of
not less than 45 days to investigate and respond to your complaint. Upon KSE’s completing
such investigation and so responding, KSE and you must then attempt, in good faith, to promptly
resolve any remaining aspects of your complaint. If any aspect of your complaint remains
unresolved after an additional reasonable period of time of not less than 45 days, (a) you may
commence litigation against KSE in connection with the unresolved portion of your complaint
only in a court located in McKean County, Pennsylvania, and having subject matter jurisdiction
over your complaint, and (b) you consent to any such court’s being, and waive any objection
(including, but not limited to, any such objection based on inconvenience) to such court’s not
being, a proper venue for your complaint.
19. Independent Recourse Mechanism
You may, under certain conditions, invoke binding arbitration for a complaint. If you have a
complaint that relates to Shield Information, KSE offers an independent recourse mechanism to
resolve your complaint that you may use in lieu of the process described in Section 18. The
independent recourse mechanism offered by KSE is more fully described at
https://privacyshield.gov. In order to access the independent recourse mechanism, you must file a
complaint with the International Centre for Dispute Resolution of the American Arbitration
Association (“ICDR”), and after receiving your complaint, ICDR will resolve the dispute
between you and KSE by following the ICDR Dispute Resolution Procedures located at https://go.adr.org/privacyshield.html. All fees of ICDR in connection with your use of its
independent recourse mechanism described in this Section will be paid by KSE.
If all other options available to you for resolving a complaint are unsuccessful, and upon
satisfaction of certain other conditions, you can lodge your complaint with the Privacy Shield
Panel, which is an “arbitration mechanism” of three neutral arbitrators. Any decision of the
Privacy Shield Panel is binding and enforceable in courts of the United States.
With respect to human resources data that is Shield Information and that is used by KSE in the
context of an employment relationship, KSE will, as applicable, cooperate with, and comply with
the advice given by, the E.U. data protection authorities, and the Swiss Federal Data Protection
and Information Commissioner.
20. Entire Agreement
Except as set forth in this Section, this policy contains the entire agreement, and supersedes all
prior oral and written agreements, proposals and understandings, between you and KSE, with
respect to Collected Information. If you use the Site or otherwise have business dealings with
KSE, such use or dealings will be subject to this policy, plus any other agreement between the
parties that is applicable thereto. If there is any conflict or inconsistency between any provision
of this policy and any provision of such other agreement, the former shall control.
21. Severability
Whenever possible, each provision of this policy shall be interpreted to be effective and valid
under applicable law. If, however, any such provision shall be prohibited by or invalid under
such law, it shall be deemed modified to conform to the minimum requirements of such law, or if
for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such
prohibition or invalidity without the remainder of such provision, or any other provision of this
policy, being prohibited or invalid.
22. Revisions
KSE may revise any provision of this policy from time to time by posting the revised provision
on the Site so long as such revision does not conflict with the Privacy Shield, the California
Laws, or any other applicable law. Any such revision will take effect immediately upon such
posting, and will apply to all Collected Information obtained by KSE after such posting. It is
your responsibility to periodically check this policy on the Site for revisions to this policy. The
latest version of this policy will always be the one posted on the Site.
23. Expenses
Except as provided in this policy or any applicable law, you are solely responsible for all fees
and disbursements of any attorney or other advisor retained by you in connection with enforcing
your rights under this policy.
24. Contact Information
If you (a) desire to make a California Request, or (b) have any questions or complaints, desire
additional information, or need to notify KSE of anything, regarding this policy, please promptly
contact KSE using one of the methods set forth below:
Sending regular mail to:
KOA Speer Electronics, Inc.
Attn: Mr. Jeffrey Senulis
199 Bolivar Drive
Bradford, Pennsylvania 16701;
-or-
Sending e-mail to: privacy@koaspeer.com;
-or-
Calling the following toll-free phone number: (800) 345-4562;
-or-
Clicking on this link: Information Request.
Effective Date: January 5, 2021
