5. Site Visitors. Information which Viasystems may receive concerning visitors using the Viasystems Web Site falls into two broad categories: Aggregate Information (defined below in Section 5.1) and Personal Data (defined in Section 4.1 above). This Section sets out Viasystems’ practices to protect the Personal Data applicable to visitors of this Web Site.
5.3. Further Uses. Viasystems may wish to use Personal Data for purposes which are in addition to those specified in Section 5.2. (Personal Data from Site Visitors) and which do not involve disclosures beyond those permitted in Section 11 (Onward Disclosures). If Viasystems uses Personal Data for these additional purposes, such as for contacting the visitor to the Viasystems Web Site independent of an inquiry from such visitor, such visitor shall be entitled to opt-out of such additional uses in accordance with Section 10 (Choice and Opt-Out Rights).
5.4. Disclosure. Viasystems will not disclose Personal Data received from visitors to the site except in accordance with Section 11 (Onward Disclosures).
6. Employment Applicants. The Viasystems Web Site allows individuals to submit an application for employment with Viasystems through the Viasystems Web Site (an “Employment Applicant”). Applications submitted by Employment Applicants will include Personal Data. This Section provides Viasystems’ protection practices with respect to the Personal Data submitted through this Web Site.
6.1. Use of Employment Applicants' Personal Data. Viasystems uses Personal Data it receives from Employment Applicants (i) to process the Applicants' applications, (ii) to contact references which may be identified in such applications, (iii) to collect and compile additional information concerning the Applicant from available sources, consistent with applicable law, and (iv) to evaluate the Employment Applicant's candidacy for employment.
6.2. Further Uses. Viasystems may wish to use an Employment Applicant's Personal Data for purposes which are in addition to those specified in Section 6.1 (Use of Employment Applicant's Personal Data) and which do not involve disclosures beyond those permitted in Section 11 (Onward Disclosures). If Viasystems uses an Employment Applicant's Personal Data for these additional purposes, such as for contacting the Employment Applicant independent of the employment application process, the Employment Applicant shall be entitled to opt-out of such additional uses in accordance with Section 10 (Choice and Opt-Out Rights).
6.3 Disclosure. Except as otherwise set forth herein, Viasystems will not disclose Personal Data received from an Employment Applicant except in accordance with Section 11 (Onward Disclosures).
6.4. Sensitive Data. Viasystems does not request Personal Data that discloses the medical or health condition; race or ethnicity; political, religious or philosophical affiliations or opinions; sexual orientation; or trade union membership (“Sensitive Data”) of an Employment Applicant or any other user of this Web Site, except as expressly permitted under the local laws and regulations of the applicable jurisdiction. In the event an Employment Applicant submits Sensitive Data, Viasystems will handle such Sensitive Data in accordance with Section 8 (Sensitive Data).
7.1. Viasystems Has No Obligation to Consider Application. Due to the nature of the Internet and the structure of the Viasystems Web Site, Viasystems may receive (i) substantially more applications through this Web Site than Viasystems wishes to review, (ii) applications which do not meet the requirements for positions that are available, and (iii) applications at points where no positions are currently available. Accordingly, there is no assurance that Viasystems will process or review materials which Employment Applicants submit seeking employment with Viasystems. Viasystems expressly disclaims any obligation to engage in such processing or review, and disclaims any obligation to respond to any Employment Applicant submissions.
8. Sensitive Data. This Section provides Viasystems’ practices to protect the Sensitive Data of visitors of the Web Site.
8.1. Compliance with Law. Viasystems complies with the laws and regulations applicable to Sensitive Data in their respective jurisdictions, and does not collect or request Sensitive Data except in accordance with such laws and regulations.
8.2. Additional Protections for Sensitive Data. If Viasystems receives Sensitive Data, Viasystems will not disclose such Sensitive Data to any third party and will not use the Sensitive Data for any purpose other than (i) for the purpose for which it was originally provided by the sender of the Sensitive Data or (ii) for a later purpose expressly authorized or consented to by the sender of the Sensitive Data, except as provided below in Section 8.3 (Exception from Consent Requirement for Certain Disclosures).
8.3. Exception from Consent Requirement for Certain Disclosures. Notwithstanding the requirements of Section 8.2 (Additional Protections for Sensitive Data), Viasystems shall be entitled to use or disclose Sensitive Data (as well as Personal Data) where such disclosure or use: (i) is in the vital interests of the sender of the data or another person, (ii) is necessary for the establishment of legal claims or defenses, (iii) is required to provide medical care or diagnosis, (iv) is necessary to carry out Viasystems’ obligations in the field of employment law, or (v) is related to data manifestly made public by the sender of such Sensitive Data.
9. Confidentiality and Security Of Personal Data. Viasystems maintains physical, electronic and procedural safeguards designed to secure the Personal Data of the users and visitors of this Web Site, and to prevent unauthorized access. These technical security systems are structured to deter and prevent hackers and others from accessing the Personal Data of the users and visitors of this Web Site.
9.1. Limitations on Technical Protections. Due to evolving technologies, Viasystems cannot provide assurance that Personal Data provided will remain free from loss, misuse, or alteration through third parties who, despite Viasystems’ efforts, obtain unauthorized access.
9.2. Employee Education. Employees of Viasystems with access to Personal Data concerning users and visitors of this Web Site are educated concerning Viasystems’ applicable Personal Data protection practices, and employees who violate these practices are subject to disciplinary process.
10. Choice and Opt-Out Rights. Viasystems will use the Personal Data of users and visitors of this Web Site for the purposes specified in Section 5 (Site Visitors), Section 6 (Employment Applicants), above (collectively, "Original Purposes"). Viasystems may wish periodically to use such Personal Data for purposes other than the Original Purposes, including for purposes of providing the users and visitors of this Web Site with direct marketing and other information. Information provided to a visitor of this Web Site for such purposes is referred to collectively as "Direct Marketing Information."
10.1. Opt-Out Notice. If a user or visitor of this Web Site does not want to receive Direct Marketing Information from Viasystems, such visitor shall send a letter to Viasystems in accordance with Section 18 hereof and mail it to Viasystems.
10.2. Response. If Viasystems receives an Opt Out Notice for Direct Marketing from a user or visitor of this Web Site, Viasystems will restrict their uses of such person’s Personal Data to the Original Purposes, or such other purposes as such person may authorize, subject to the Data Subject's rights under Section 12 (Rights to Access, Change, or Delete Personal Data). Viasystems shall be entitled to a reasonable period of time to process a request under this Section 11 (Choice and Opt-Out Rights).
11. Choose and Opt-out Rights; Onward Disclosures. Viasystems discloses Personal Data of users of this Web Site only to its employees who have a reasonable "need to know" such Personal Data, and such employees are under obligations of confidentiality to Viasystems. Viasystems will not disclose the Personal Data of users of this Web Site to anyone other than such reasonable "need to know" employees, except as provided below in this Section 1 (Onward Disclosures) and in Section 16 (Assignment).
11.3. Other Third Parties. Except as provided for herein, Viasystems will not disclose Personal Data of users or visitors to this Web Site to any third party other than one identified in this Section 11 (Onward Disclosures) without such person’s express consent.
12. Right To Access, Change, or Delete Personal Data. Upon reasonable request, and to the extent the request does not compromise Viasystems practices to protect Personal Data, Viasystems allows users and visitors of this Web Site access to their Personal Data to correct, amend or delete such Data.
12.1. Requests. All requests under this Section 12 (Right to Access, Change, or Delete Personal Data) must be sent in writing to the address specified below in Section 18 (Complaints, Questions, and Requests).
12.2. Timing of Response. Viasystems will endeavor to timely respond to proper requests for access and changes or deletions under this under this Section 12 (Right to Access, Change, or Delete Personal Data). Any questions or inquiries concerning the timing of Viasystems’ response should be directed to the address specified below in Section 18 (Complaints, Questions, and Requests).
12.3. Conditions. Viasystems reserves (i) the right, where permitted by law or other legal authority, to charge a reasonable fee to cover the costs incurred in responding to an appropriate request, and (ii) reserves the right to delete such information, rather than correct or update this information where the information retains limited utility.
12.4. Extent of Data Deletions. Upon fulfilling a requested deletion of Personal Data under this Section 12 (Right to Access, Change, or Delete Personal Data), Viasystems will cease to use such Personal Data and will use commercially reasonable efforts to remove all record of such Personal Data; however, it may be impossible to delete the information completely from applicable Viasystems databases, due to backups and records of deletions.
13. Privacy Protection For Children. The Viasystems Web Site is not directed at children, and Viasystems will not accept or request Personal Data from individuals Viasystems knows to be under 13. In accordance with the Children's Online Privacy Protection Act of 1998, if Viasystems learns that a child under 13 has provided Personal Data, Viasystems will delete this information from its databases, in accordance with its deletion policy, set out in Section 12 (Right to Access, Change, or Delete Personal Data).
14. Exceptions. As further provided herein, Viasystems may disclose Personal Data as may be required in legal proceedings, or in response to a subpoena, court order, or administrative order compelling disclosure. In addition, in cases involving a threat of imminent harm to a Data Subject or to others, Viasystems may release such Personal Data to prevent or mitigate the threat. In any such case, Viasystems will seek to limit the scope of disclosure, and will disclose only such Personal Data as is reasonably required to fulfill the purpose of the disclosure.
Viasystems Group, Inc.
Office of the General Counsel
101 South Hanley Road
Clayton, MO 63105
Opt-Out Notice For Direct Marketing
Viasystems Group, Inc.
Office of the General Counsel
101 South Hanley Road
St. Louis, MO 63105