California Privacy Policy – Kentucky Smelting Technology, Inc.

PRIVACY POLICY FOR CALIFORNIA RESIDENTS

Revised On: January 2023

This Privacy Policy for California residents supplements the information contained in any privacy related policies of Kentucky Smelting Technology, Inc. and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We have adopted this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”), the California Privacy Rights Act (“CPRA”), and other California privacy laws. Any terms defined in the CCPA and CPRA have the same meaning when used in this notice.

I. PERSONAL INFORMATION WE COLLECT

The CCPA and CPRA define “Personal information” as information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a consumer or household. Under the CPRA, “Personal Information” further includes “Sensitive Personal Information” such as social security number, driver license number, state identification card, passport number, financial data, genetic data, biometric data, precise geolocation, and racial and ethnic origin, content of consumer communications (email, mail, or text), unless the business is the intended recipient, genetic data, and information collected concerning a consumer’s health, sex life, or sexual orientation.

Personal Information does not include:

Publicly available information from government records.
De-identified or aggregated consumer information.
Other regulated information that is excluded from the CPRA’s scope, such as:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We may collect Personal Information from you in different ways and for different purposes. The types of Personal Information we collect will depend on your interaction with us, including the types of products or services you use and what you do on our website (e.g., apply for a job). The below section includes the categories of Personal Information that we may have collected within the last twelve (12) months or may collect and includes the examples of Personal Information under each category:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (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.	YES
C. 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).	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO
E. 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.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	NO
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	YES
J. 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.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO
L. Sensitive Personal Information	Identifiers listed in the preceding category B and precise geolocation, racial and ethnic origin (when hired for a position).	YES*

“ * ” – Sensitive Personal Information may be collected when you apply for a job on our website.

II. HOW IS PERSONAL INFORMATION COLLECTED

We obtain the categories of Personal Information listed above from the following categories of sources:

Directly from customers, suppliers, employees or their agents. For example, from documents that our customers provide to us related to the goods and/or services for which they engage us.
Indirectly from our customers, suppliers, employees or their agents. For example, through information we collect from our customers in the course of providing goods and/or services to them.
Directly and indirectly from activity on our websites. For example, from submissions through website portals or website usage details collected automatically.
From third-parties that interact with us in connection with the services we perform. For example, recruitment agencies or other contractors used in connection with human resources.

III. USE OF PERSONAL INFORMATION

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

To fulfill or meet the reason for which the information is provided.
To provide you with information, products or services that you request from us.
To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
To improve our website and present its contents to you.
For testing, research, analysis and product development.
As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA/CPRA.
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 is among the assets transferred.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

IV. USE OF SENSITIVE PERSONAL INFORMATION

We may use or disclose the Sensitive Personal Information we collect for one or more of the following business purposes:

To evaluate job applications and job applicants
For the business or employment purpose for which the information was collected or shared

V. SHARING PERSONAL INFORMATION

We may disclose your Personal Information to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose: Category A: Identifiers. Category B: California Customer Records personal information categories. Category C: Protected classification characteristics under California or federal law. Category I: Professional or employment-related information. Category L: Sensitive Personal Information We disclose your personal information for a business purpose to the following categories of third parties:

Our affiliates.
Service providers.
Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

VI. YOUR RIGHTS

The CCPA and CPRA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA and CPRA rights and explains how to exercise those rights.

A. Right to Access

You have the right to know the information contained in this policy and our website Privacy Policy, and to request access to a copy of the Personal Information that we have collected about you directly or indirectly, including Personal Information collected by a service provider or contractor on our behalf.

B. Request to Know

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request to know, we will disclose to you:
• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about you.
• If we disclosed your Personal Information for a business purpose, the Personal Information categories that each category of recipient obtained.

C. Request to Delete

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request to delete, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your request to delete if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

D. Right to Correct

In certain circumstances, you have the right to request correction of any inaccurate personal information.

E. Right to Opt-Out/Do Not Sell Personal Information

We do not sell your Personal Information for monetary or other valuable consideration.

We do not share your Personal Information for the purposes of cross-context behavioral advertising. Cross-context behavioral advertising under the CPRA is “the targeting of advertising to a consumer based on the consumer’s personal information obtained from the consumer’s activity across businesses, distinctly-branded websites, applications, or services, other than the business, distinctly-branded website, application, or service with which the consumer intentionally interacts.

F. Right to Limit the Use of Sensitive Personal Information

We limit our use of Sensitive Personal Information to only the purposes necessary to perform covered services, and for certain business and commercial purposes described above.

G. Right to Non-Discrimination

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

H. Exercising Your Rights

To exercise your rights to requests described above, please submit a verifiable consumer request to us by either:

Calling us toll-free at 212-355-3595
Using the web form available at kstparis.com/privacy-policy

Only you or a person legally authorized to act on your behalf, may make a verifiable consumer request to know or request to delete. You may also make a verifiable consumer request on behalf of your minor child.

A verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

You may only make a verifiable consumer request to know twice within a 12-month period.

We cannot respond to your request to know or request to delete if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Depending on your type of request or the information requested by you, we may require additional information in order to verify your identity and fulfil your request.

To verify your identity, we will ask that you provide the following information when you submit your request:

First Name
Last Name
Email Address
Mobile Phone Number
Address
City
State
Zip Code
Brief description of your relationship with KST and the nature of your request.

We will only use this information to confirm your identity. If we cannot successfully verify your identity, we will inform you of that fact.

I. Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact WPPInquiries@taiamerica.com. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. 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 to know or request to delete 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 completing your request.

VII. REQUESTING NOTICE IN ALTERNATIVE FORMAT/LANGUAGE

You may be able to request this Notice in another language where we provide such notices in the ordinary course of business or in an alternative format if you have a disability. Please contact the Privacy Office below to request an alternative format.

VIII. OTHER CALIFORNIA PRIVACY RIGHTS

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share your information with third parties for their direct marketing purposes.

IX. CHANGES TO OUR PRIVACY NOTICE

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you through a notice on our website homepage.

X. KST AFFILIATES PROVIDING THIS NOTICE

This policy is provided by KST and its subsidiaries that either: (1) act as a business within the meaning of the CCPA and CPRA, or (2) are affiliates and subsidiaries controlled by KST.

XI. CONTACT INFORMATION

If you have any questions or comments about this notice, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

212-355-3595 or WPPInquiries@taiamerica.com.