Legal Statement
Last updated: 17 July, 2024
Garrett Marketplace
Data Privacy Statement
Effective: July 17, 2024
General information
Garrett Marketplace ([ https://shop.garrettmotion.com/) (“Garrett Marketplace”) is a marketplace operated by Garrett Motion Inc. or its affiliates including Garrett Motion Australia Pty LIMITED, Unit 4/14 Alfred Road Chipping Norton NSW 2170 NSW, Australia ("Garrett", “Garrett Motion”, "we" or "us"), that allows users to offer, sell, and buy goods and services in various geographic locations.
This Privacy Statement is intended for users in Europe (that is the European Economic Area, Switzerland and the United Kingdom), United States and Australia and explains the types of regulated Personal Data or personal information (collectively, “Personal Data”) that Garrett collects, uses, and discloses (collectively, “processes”) through its business operations and Garrett Marketplace (its “Website” or the “Marketplace”). The Website includes these sites/domains: https://shop.garrettmotion.com/.
If you reside in Europe the data controller under this Privacy Policy is [Garrett Motion Sàrl, Z.A. La Pièce 16, Rolle, VD, 1180 Switzerland], with company number CHE-110.195.348.
If you have any questions about this Privacy Statement or wish to exercise any of your legal rights, please use the contact information that appears in Section 16 of this Privacy Statement.
Unless otherwise defined in this Privacy Statement, all the defined terms in the Garrett Marketplace User Terms and Conditions (“User T&Cs”) shall have the same meanings when they are used in this Privacy Statement. Your use of Garrett Marketplace and any information you provide through it is subject at all times to this Privacy Statement and the User T&Cs.
General categories of Personal Data we collect
Server login information. Our web server captures certain information automatically. This information may include your Internet protocol (IP) address, approximate geographic location, browser type, computer operating system, time and date you visit, the pages you access, and the address of the page that directed you to our Website. We use this data to understand patterns of Website activity and to improve the Website, so it is more useful for you. This information is not linked in any way to you personally, and we do not have the means to link it to you.
Cookies, pixels, and similar technologies. Our Website uses cookies and similar technologies. Cookies record small amounts of data in your web browser. When you visit the Website, our web server uses these for various purposes, including making our site work properly and optimizing your experience. The cookies and similar technologies we use – and how to control them – are shown in our Cookie Banner, You can also control cookies and some forms of tracking using your web browser. We also use pixels and web beacons, which when viewed by you, tell us whether you have opened a promotional email or taken various actions in connection with our advertising activities.
Personal Data that you intentionally submit. Directly identifiable Personal Data is collected primarily when you submit it. This happens when you communicate with us by email, register on the Marketplace, conduct a business transaction through the Marketplace, participate in a survey or promotional program, submit a product review, enter a contest or sweepstakes, register for a newsletter, or take some other affirmative step. You have control over what you submit through email; online forms will disclose the other types of Personal Data collected.
Personal Data that we obtain from others. We may obtain marketing leads from outside our corporate group. This is normally basic contact information. If we have an advertising service provider perform a blind mailing (a campaign using a mail or email list known to the service provider but not disclosed to us), we do not obtain your Personal Data unless and until you respond.
Aggregated or anonymized information. In some instances, we receive information that either combines the information of numerous consumers or is transformed in such a way that the information can no longer be linked to a particular consumer or their household. Under the law, this is not Personal Data.
Fraud and credit checks. In some instances, we or our payment processors may collect Personal Data about you from fraud-prevention agencies and credit reference agencies.
What do we do with the Personal Data we collect?
Our primary use of your Personal Data is to effect purchases and sales on the Marketplace. When you conduct a purchase or sale on the Marketplace, your Personal Data is used to identify you to the other party (a seller if you are a buyer, and a buyer if you are a seller), to verify eligibility for the sale, and to help make arrangements for a sale and delivery.
We may also use your Personal Data in connection with:
We may disclose your Personal Data to our affiliates and within the Garrett corporate organization and as permitted by law. We may also disclose your Personal Data with other third parties who provide us with services to support our business. These third parties may include, by categories:
These parties (“Service Providers” or “Processors” as defined by law) receive this data under contracts in which they are obligated to use this Personal Data solely for reasons we have specified and under our instructions. They are not permitted to process or use any of your Personal Data for the benefit of themselves or third parties.
We may also disclose your Personal Data to other organizations, such as analytics and marketing providers and platforms, whether directly or through the use of cookies or pixels on Marketplace or our other sites. Where applicable law regulates this as a “sale” or “sharing,” you may opt-out of it as described in this Privacy Statement.
We also reserve the right to disclose, release or otherwise process Personal Data (i) when the law permits it or requires it (e.g., we have received a subpoena) or we otherwise believe that the law requires us to do so; (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or safety of Garrett, our users or others; or (iii) as we
deem necessary to resolve disputes, troubleshoot problems, prevent fraud, and otherwise enforce our Privacy Statement.
Additionally, if Garrett or its Marketplace merges with or becomes part of another organization, it is sold, it sells all or substantially all of its assets, it is otherwise reorganized, the information you provide may be one of the transferred assets to the acquiring or reorganized entity.
How Personal Data is Collected and Disclosed
The table below shows the categories of Personal Data that we collect, where/how we collect it, and the processors/service providers or third parties to whom we disclose it.
Garrett and some of our affiliates are located overseas, including in Australia, European Union and the USA. Some of the other third parties listed in the above table and to whom we may disclose Personal Data are also located overseas, including in Australia, European Union and the USA.
How we use your Personal Data and how long we keep it
We request Personal Data when necessary to provide a service, complete a transaction, or otherwise run our business. Please note that the same information may be retained for different reasons, and the expiration of its retention for one reason may not trigger its deletion where it is needed for another purpose.
To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Uses of data elements by activity | How long we keep the data for that use |
---|---|
General interaction with our websiteInternet usage information | This information is collected in a way that is not associated with you personally. We retain this information as long as needed to enhance the functionality, performance, and security of the Marketplace.Information stored in cookies will be retained as described in the Cookies Banner. |
Uses of data elements by activity | How long we keep the data for that use |
Site improvementInternet usage information Site/campaign-response activity | We retain this information as long as needed to enhance the functionality, performance, and security of the Marketplace. |
General correspondenceContact Information | We maintain this information long enough to fulfill your request/inquiry plus as needed to support any resulting business communications or transactions. |
Commercial transactionsContact information Financial informationPurchasing histories, tendencies, or profiles | We maintain basic contact and transaction information for the period required to complete the transaction plus the amount of time required to document the transaction, honor any warranties, and fulfill any recall obligations.We use contact information obtained in transactions as a basis to provide you with information on related offerings and special offers. To be deleted from our promotional mailing lists, please use the “unsubscribe” link at the bottom of a marketing email. |
Promotional/marketingContact information Purchasing profilesSite/campaign-response activity Purchasing histories, tendencies, or profiles | We maintain information sufficient to send out mailing lists and other business information or promotions until you unsubscribe from the relevant campaign using the supplied link (for email) or other methods as provided in postal mailings.Information stored in cookies will be retained as described in the Cookies Banner. |
Regulatory reporting and due diligenceContact information Financial information | We maintain this information for the period required by applicable law or regulation. |
How do we protect your Personal Data?
Although no system is impenetrable, we have established physical, electronic, and procedural safeguards for the information we collect that is reasonable given the nature of the information and its sensitivity.
Data Subject Rights
This Privacy Statement is provided so that you can understand at or before the point of collection what we are collecting and why. It also provides guidance to help you exercise your rights under applicable data privacy laws. These rights do not extend to anonymized or aggregated information that can no longer be connected to you personally, and our ability to honor data subject requests depends on your providing accurate information with which we can conduct a search. Please note also that certain banking and health information is outside
Unless applicable data privacy laws provide otherwise, we are not required to research Personal Data where it is not in a reasonably searchable format, we maintain the information solely for legal or compliance reasons or the reasons outlined in this Privacy Statement, we do not use the information for ‘commercial purposes’, ‘sell’, or ‘share’ it (as each term is defined by the California Consumer Privacy Act of 2018), and we explain what we are not searching on these grounds. Likewise, we are not required to disclose a particular Social Security number, driver’s license number or another government-issued identification number, financial account number, any health insurance or medical identification number, an account password, security questions, and answers, or unique biometric data generated from measurements or technical analysis of human characteristics. We will, however, identify which of these items we retain.
You have a right to obtain a copy of your Personal Data in a reasonably usable form.
Other exceptions may be present under state law, but these are representative. Depending on your state, we may ask you to confirm your election to delete your Personal Data.
Personal Data we hold about you is inaccurate, incomplete, irrelevant or out-of-date, please contact us and we will take reasonable steps to either correct this information, or if necessary, discuss alternative action with you. We may request documentation establishing the inaccuracy of the information we have. Per applicable law, these requests may be denied if the totality of the circumstances suggests that the information we have on file is accurate or if we are required by law to keep particular information about you for a certain period of time.
Other rights: if applicable data privacy law where you reside provides other data subject rights that are not shown here, we will honor them.
Exercising your rights. With regard to opt-out, correction and sharing preferences, you can use the self-service function on the Garrett motion Preference Centre https://www.garrettmotion.com/preference-center/. You may also effect deletion of your account information with the exception of that portion relating to pending or completed transactions.
To exercise your other rights under applicable data privacy law, please contact Privacy@GarrettMotion.com and state the nature of your request. We may require you to verify your identity. There are some circumstances in which we are not required to grant requests concerning your Personal Data, including where repeated requests are made for purposes of harassment or fraud.
Authorized agents. We will entertain requests from authorized agents where permitted by law. If you wish to have an authorized agent make a verifiable consulaw. If you wish to have an authorized agent make a verifiable consumer request on your behalf, they will need to provide us with sufficient written proof that you have designated them as your authorized agent. We will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we have collected Personal Data. We can deny any request made by a purported authorized agent who does not submit proof that are authorized to act on your behalf.
Response time. We will respond within the period required by applicable law.
Statement of Financial Incentives: In the event that we offer incentives for the use of your Personal Data, such as coupon codes in exchange for signing up for mailing lists, the nature of those incentives will be disclosed at the time of offering them.
Do Not Track and Global Privacy Control
Do Not Track (DNT) and Global Privacy Control (GPC) are optional browser settings, and in the case of GPC, an extension that allows you to express your preferences regarding tracking across websites. Most modern web browsers give you the option to send a signal to the websites you visit, indicating that you do not wish to be tracked. DNT does not have standard implementation, and GPC is emerging as a standard. At present, we are developing a capability to receive and interpret GPC signals, and at present, you are encouraged to use the other methods of preventing data collection described in this Privacy Statement.
Interest-based advertising
As you browse the web, you may see advertisements for our products. In some cases, these are based on your prior visit to our Website. Our advertising providers are members of the Digital Advertising Alliance. To opt-out of these campaigns, please use the opt-out button provided or visit https://youradchoices.com/, and to opt out of advertising on mobile apps, please visit https://youradchoices.com/appchoices.
Some advertising you see on the internet or receive via email is based on a matched audience, not Personal Data that we obtained from you or about you. In those cases, ads are served by a provider to an audience with certain characteristics, but we are not provided with individuals’ identities or have direct control over particular people who will receive the advertising. The providers involved will have their own opt-out mechanisms. For example, Facebook has its own Ad Preferences page, and Google ads can be controlled via Google Ad Settings. If you click through to our Website, then your interactions with us become subject to this Privacy Statement.
Please note that:
Minors
Our website is not intended to be used by persons under the age of eighteen (18), and we do not knowingly store Personal Data of any kind relating to such persons. If you are the parent or guardian of a minor and believe that a minor’s Personal Data has been collected, please contact us so that we may delete it.
How can you opt out of emails and block or restrict cookies?
Email. You can opt out of receiving future promotional electronic mailings from us by following the unsubscribe procedures indicated in each electronic mailing, such as “unsubscribe” or “manage your preferences”.
Cookies. We use cookies to keep track of and enhance certain user activities on our Website such as saving your preferences and user-specific features. More information and controls are contained in our Cookie Banner. You may additionally block or restrict cookies
on your computer or purge them from your browser by adjusting your web browser preferences. You should consult the operating instructions that apply to your browser for instructions on how to configure your browser setting to meet your preferences. However, because cookies may allow you to take advantage of some features or functions of our Website, we recommend that you leave them turned on.
If you decide not to provide certain Personal Data for the above purposes, or if you subsequently withdraw your consent, this may affect how you experience our marketing for our services.
For more information, our Cookie policy can be consulted here: [Add link to cookie policy].
How can you update your Personal Data?
Website Registration. If you have an account on this Website that requires user identification and a password, you can update the information you have provided to us in the account section of the Website. Please also review our support page for ways to contact us so you can update your information.
Direct contact. If you have another type of account or relationship with us, please contact us as described in Section 16.
What about links to other websites?
This Privacy Statement applies only to this Website. This Website may contain links to third- party websites. We are not responsible for the content or policies of such websites and recommend that you check the privacy statements posted on their websites.
What if this Privacy Statement changes?
Our business changes from time to time, and our Privacy Statement will change too. Your continued use of our Website following the posting of any amendment to this Privacy Statement indicates your acceptance of the revised Privacy Statement.
We may send you notices of changes to our Privacy Statement if we possess your contact information at the time of such updates
If you have questions regarding this Privacy Statement or our handling of your personal information, would like to lodge a complaint, or wish to contact our Data Protection Officer, please contact us using the contact information listed below. We will promptly address your concern and strive to reach a satisfactory resolution.
If you have questions as a data subject related to any of your personal information that is currently handled by Garrett, please contact us by:
Email:
Mailing Address:
Garrett Motion Sarl
Z.A. La Pièce 16, Rolle, VD, 1180 Switzerland
Australia Addendum - For Users in Australia only
Complaints. If you lodge a complaint regarding this Privacy Statement or our handling of your personal information to our Data Protection Officer (see Section 16 above), and you are dissatisfied with our response, you have the right to make a complaint to the Office of the
Australian Information Commissioner by phoning 1300 363 992 or by email at enquiries@oaic.gov.au.
18. European Addendum - For Users in Europe only
A. Legal basis for collecting Personal Data
Your Personal Data is being collected and processed on the following legal bases:
B. Additional data subject rights
Right to block or suppress further use. You have the right, under certain circumstances, to block or suppress further use of your information. When the processing is restricted, we can still store your information, but we can no longer use it.
Right to withdraw consent. If our processing of your personal information is based specifically on your consent, you have the right to withdraw that consent at any time. This includes your right to withdraw consent to our use of your information for direct marketing purposes.
Right to data portability. You have the right to obtain from us, under certain circumstances, your information in a structured, commonly used and machine readable form so you can reuse it for your own purposes across different services. For example: if you want to work with a different service provider, this enables you to move your information easily and in a secure manner to this new service provider.
C. Right to lodge a complaint
You have the right to lodge a complaint about the way we handle or process your Personal Data with your national data protection authority.
D. Information in this policy that is not relevant for EU Users
The following information outlined in Article 7(a) of this policy is only relevant for users in the United States and therefore are not applicable to EU Users:
“a. Right to access. (…)
_Unless applicable data privacy laws provide otherwise, we are not required to research Personal Data where it is not in a reasonably searchable format, we maintain the information solely for legal or compliance reasons or the reasons outlined in this Privacy Statement, we do not use the information for ‘commercial purposes’, ‘sell’, or ‘share’ it (as each term is defined by the California Consumer Privacy Act of 2018), and we explain what we are not searching on these grounds. Likewise, we are not required to disclose a particular Social Security number, driver’s license number or another government-issued identification number, financial account number, any health insurance or medical identification number, an account password, security questions, and answers, or unique biometric data generated from measurements or technical analysis of human characteristics. We will, however, identify which of these items we retain._”
19. Anonymous interactions. Where possible, we will allow you to interact with us anonymously or using a pseudonym. For example, if you contact us with a general enquiry, we will not ask for your name unless we need it to adequately handle your enquiry or where we need to identify you. However, for most of our functions and activities we usually need your name and contact information. If you wish to interact with us anonymously or using a pseudonym, this may have affect our ability to provide services to you.