This Policy is issued by each of the Controller entities listed in Section (S) below (together, “ ESMC ”, “ we ”, “ us ” and “ our ”) and is addressed to individuals outside our organisation with whom we interact, including customers, visitors to our Sites, other users of our products or services, personnel of corporate customers and vendors, suppliers, applicants for employment, and visitors to our premises (together, “ you ”). ESMC is committed to protecting the privacy and personal information of individuals and strives to maintain the security of the data. Violation of this Policy by our employees may result in disciplinary action up to and including termination of employment. Violation of this Policy by suppliers may result in termination of business relationship.

This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy.

Collection of Personal Data : We collect or obtain Personal Data about you from the following sources:

• Data provided to us : We obtain Personal Data when those data are provided to us (e.g., where you contact us via email or telephone, or by any other means, or when you provide us with your business card, or when you submit a job application).
• Data we obtain in person : We obtain Personal Data during meetings, at trade shows, during visit from sales or marketing representatives, or at events we attend.
• Collaborations : We obtain Personal Data when you collaborate with us in research or in an advisory/consultancy capacity.
• Relationship data : We collect or obtain Personal Data in the ordinary course of our relationship with you (e.g., we provide a service to you, or to your employer).
• Data you make public : We collect or obtain Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
• Site data : We collect or obtain Personal Data when you visit any of our Sites or use any features or resources available on or through a Site.
• Registration details : We collect or obtain Personal Data when you use, or register to use, any of our Sites, products, or services.
• Content and advertising information : If you interact with any third party content or advertising on a Site (including third party plugins and cookies) we receive Personal Data from the relevant third party provider of that content or advertising.
• Third party information : We collect or obtain Personal Data from third parties who provide it to us (e.g., credit reference agencies; law enforcement authorities; etc.).

We also create Personal Data about you in certain circumstances, such as records of your interactions with us, and details of your past interactions with us. We may also combine Personal Data from any of our Sites, products, or services, including where those data are collected from different devices.

We Process the following categories of Personal Data about you:

• Personal details : given name(s); preferred name; and photograph.
• Demographic information: gender; date of birth / age; nationality; salutation; title; and language preferences.
• Contact details: correspondence address; shipping address; telephone number; email address; details of Personal Assistants, where applicable; messenger app details; online messaging details; and social media details.
• Expertise: records of your expertise, professional history, practising details and qualification details, information about your experience, participation in meetings, seminars, advisory boards and conferences, information about your professional relationship with other individuals or institutions, language abilities and other professional skills;
• Consent records: records of any consents you have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
• Data relating to our Sites: device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; username; password; security login details; usage data; aggregate statistical information.
• Employer details: where you interact with us in your capacity as an employee of a third party, the name, address, telephone number and email address of your employer, to the extent relevant.
• Content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages displayed to you, and any interaction you may have had with such content or advertising (e.g., mouse hover, mouse clicks, any forms you complete in whole or in part) and any touchscreen interactions.
• Views and opinions: responses to surveys, responses to testing, any views and opinions that you choose to send to us, or publicly post about us on social media platforms.
• Correspondence: records and copies of your correspondence if you contact us.
• Cookie data: we collect information via cookies and similar technologies. Please see our Cookie Policy for more details.
• Security information: your password(s); login attempt details; security settings; and other security-related information.
• Visitor logs: records of visits to our premises .

We do not seek to collect or otherwise Process Sensitive Personal Data in the ordinary course of our business. Where it becomes necessary to Process your Sensitive Personal Data for any reason, we rely on one of the following legal bases:

• Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
• Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (e.g., the prevention of fraud);
• Establishment, exercise or defence of legal claims: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defence of legal claims; or
• Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your prior, express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).

If you provide Sensitive Personal Data to us, you must ensure that it is lawful for you to disclose such data to us.

The purposes for which we Process the categories of Personal Data identified in Section (D) above, subject to applicable law, and the legal bases on which we perform such Processing, are as follows:

We disclose Personal Data to our parent company, Taiwan Semiconductor Manufacturing Company, Ltd. (“TSMC”), and other entities directly or indirectly owned by TSMC (collectively, the “ TSMC group”), for legitimate business purposes and the operation of our Sites, products, or services to you, in accordance with applicable law. In addition, we disclose Personal Data to:

• you and, where appropriate, your appointed representatives;
• legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
• accountants, auditors, consultants, lawyers and other outside professional advisors to ESMC, subject to binding contractual obligations of confidentiality;
• third party Processors (such as payment services providers; shipping companies; etc.), located anywhere in the world, subject to the requirements noted below in this Section (G);
• any relevant party, regulatory body, governmental authority, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal claims;
• any relevant party, regulatory body, governmental authority, law enforcement agency or court, for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
• any relevant third party acquirer(s) or successor(s) in title, in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
• any relevant third party provider, where our Sites use third party advertising, plugins or content. If you choose to interact with any such advertising, plugins or content, your Personal Data may be shared with the relevant third party provider. We recommend that you review that third party’s privacy policy before interacting with its advertising, plugins or content.

If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.

We Process Personal Data for the purposes of automated decision-making and Profiling, which is carried out for the following purposes:

Because of the international nature of our business, we transfer Personal Data within the TSMC group, and to third parties as noted in Section (G) above, in connection with the purposes set out in this Policy. For this reason, we transfer Personal Data to Taiwan and US, and other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.

If an exemption or derogation applies (e.g., where a transfer is necessary to establish, exercise or defend a legal claim) we may rely on that exemption or derogation, as appropriate. Where no exemption or derogation applies, and we transfer your Personal Data from the EEA to recipients located outside the EEA who are not in Adequate Jurisdictions, we do so on the basis of Standard Contractual Clauses. You are entitled to request a copy of our Standard Contractual Clauses using the contact details provided in Section (S) below.

Please note that when you transfer any Personal Data directly to a TSMC entity established outside the EEA, we are not responsible for that transfer of your Personal Data. We will nevertheless Process your Personal Data, from the point at which we receive those data, in accordance with the provisions of this Policy.

We have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.

Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Data, we cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us are sent securely.

We take every reasonable step to ensure that:

• your Personal Data that we Process are accurate and, where necessary, kept up to date; and
• any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.

From time to time we may ask you to confirm the accuracy of your Personal Data.

We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Policy.

We take every reasonable step to ensure that your Personal Data are only Processed for the minimum period necessary for the purposes set out in this Policy. The criteria for determining the duration for which we will retain your Personal Data are as follows:

1. we will retain Personal Data in a form that permits identification only for as long as:
   1. we maintain an ongoing relationship with you (e.g., where you are lawfully included in our mailing list and have not unsubscribed); or
   2. your Personal Data are necessary in connection with the lawful purposes set out in this Policy, for which we have a valid legal basis (e.g., where your personal data are included in a contract between us and your employer, and we have a legitimate interest in processing those data for the purposes of operating our business and fulfilling our obligations under that contract; or where we have a legal obligation to retain your Personal Data),

plus:

2. the duration of:
   1. any applicable limitation period under applicable law (i.e., any period during which any person could bring a legal claim against us in connection with your Personal Data, or to which your Personal Data are relevant); and
   2. an additional two (2) month period following the end of such applicable limitation period (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any Personal Data that are relevant to that claim),

and:

3. in addition, if any relevant legal claims are brought, we continue to Process Personal Data for such additional periods as are necessary in connection with that claim.

During the periods noted in paragraphs (2)(a) and (2)(b) above, we will restrict our Processing of your Personal Data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law.

Once the periods in paragraphs (1), (2) and (3) above, each to the extent applicable, have concluded, we will either:

• permanently delete or destroy the relevant Personal Data according to the applicable internal data retention policies; or
• anonymize the relevant Personal Data.

Subject to applicable law, you may have the following rights regarding the Processing of your Relevant Personal Data:

• the right not to provide your Personal Data to us (however, please note that we will be unable to provide you with the full benefit of our Sites, products, or services, if you do not provide us with your Personal Data – e.g., we might not be able to process your requests without the necessary details);
• the right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of those Relevant Personal Data;
• the right to request rectification of any inaccuracies in your Relevant Personal Data;
• the right to request, on legitimate grounds:
  • erasure of your Relevant Personal Data; or
  • restriction of Processing of your Relevant Personal Data;
• the right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
• where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and
• the right to lodge complaints regarding the Processing of your Relevant Personal Data with a Data Protection Authority (in particular, the Data Protection Authority of the EU Member State in which you live, or in which you work, or in which the alleged infringement occurred, each if applicable).

This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided in Section (S) below. Please note that:

• in some cases it will be necessary to provide evidence of your identity before we can give effect to these rights; and
• where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.

When you visit a Site we will typically place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law. We use Cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We Process Personal Data through Cookies and similar technologies, in accordance with our Cookie Policy

All use of our Sites, products, or services is subject to our Legal Notice . We recommend that you review our Terms of Use regularly, in order to review any changes we might make from time to time.

We Process Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding Sites, products, or services that may be of interest to you. We also Process Personal Data for the purposes of displaying content tailored to your use of our Sites, products, or services. If we provide Sites, products, or services to you, we may send or display information to you regarding our Sites, products, or services, upcoming promotions and other information that may be of interest to you, including by using the contact details that you have provided to us, or any other appropriate means, subject always to obtaining your prior opt-in consent to the extent required under applicable law.

You may unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every promotional electronic communication we send or by unsubscribing online (for example for company newsletter un-subscription you may unsubscribe here ). Please note that it may take up to 2 weeks to process your unsubscribe request during which time you may continue to receive communications from us. After you unsubscribe, we will not send you further promotional emails, but in some circumstances we will continue to contact you to the extent necessary for the purposes of any Sites, products, or services you have requested.

We commit to protect the privacy of our customer. We do not use customer data for any secondary purpose other than the purposes defined in this Policy.

If you have any questions about this policy, please contact us via the following information:

European Semiconductor Manufacturing Company (ESMC) GmbH (“ESMC”)
Address: Bertolt-Brecht-Allee 24, 01309 Dresden, Germany
Email: [email protected]

The California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (“CCPA”) applies to Personal Data collected from California residents. For purposes of this section and ESMC’s compliance with the CCPA, Personal Data is limited to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. The CCPA does not extend to the following Personal Data: (i) publicly available information from government records, (ii) de-identified or aggregated consumer information, and (iii) other information excluded from the CCPA's scope as set forth in the act.

In the 12 months preceding the current date, we may have disclosed your personal details, demographic information, contact details, and data relating to our Sites for business purposes, such as completing business transactions or at your request to the following:

1. TSMC group
2. Legal and regulatory authorities
3. Payment services providers
4. Shipping companies
5. Accountants, auditors, consultants, lawyers, and other outside professional advisors to ESMC
6. Recruiting agencies
7. Travel agencies
8. Event service providers
9. TSMC alliance members (IP, EDA, DCA, etc.)

If you are a ESMC employee, we may have disclosed your Personal Data for business purposes such as administering and procuring employee benefits.

YOUR RIGHTS AND CHOICES

• Right to request access to your Personal Data

  California residents have the right to request that we disclose the categories of Personal Data that we collect, use, disclose or sell about you. You may also request the specific pieces of Personal Data that we have collected about you.

• Right to request deletion of your Personal Data

  California residents may also request that we delete any Personal Data that we have collected from or about you. However, we may retain Personal Data as authorized under the CCPA or other applicable law, such as Personal Data required to provide our services, to protect our business and systems from fraudulent activity, to debug and identify errors that impair existing functionality, to comply with legal obligations, to comply with law enforcement requests pursuant to lawful process, for scientific or historical research, for us or others to exercise free speech or other rights, or for our own internal purposes reasonably related to your relationship with us.

• Right to correct inaccurate Personal Data collected about you

  California residents may request that we correct inaccurate Personal Data that we maintain about you.

• How to exercise your access and deletion rights

  California residents may exercise their California privacy rights by submitting your request to us either by calling us at 1-833-630-3050 or sending us an email at [email protected]. You may not request access to your Personal Data more than twice in any 12-month period. TSMC employees in California may also submit a request by contacting your human resources department contact.

  For security purposes, we may request additional information from you to verify your identity when you request to exercise your California privacy rights so we can reasonably verify you are the person about whom we have collected such Personal Data (or that person's authorized representative).

  We strive to respond to a verifiable consumer request within 45 days. If we require more time, we will inform you of the reason and the extension period in writing. We will deliver our written response by mail or electronically as per your request. Any disclosures we provide will only cover the 12-month period preceding our receipt of your verifiable consumer request. The response we provide will also explain the reasons we cannot comply with your request, if applicable.

• Sales or Sharing of Personal Data

  California residents may opt out of the sale of their Personal Data. However, we do not "sell" or “share” your Personal Data as we understand that term to be defined by the CCPA and its implementing regulations.

• Limit the Use of Personal Data

  California residents may limit the use of their sensitive Personal Data to the following uses:

  1. providing goods or services reasonably expected by a California resident who requests those goods and services;
  2. ensuring security and integrity of their Personal Data;
  3. performing services on behalf of ESMC;
  4. short-term transient uses (except that Personal Data cannot be shared to a third party); and
  5. for additional purposes added by the CCPA’s regulations.

  However, we do not use your sensitive Personal Data for any uses that exceed the permitted uses above as we understand the scope of the CCPA and implementing regulations.

• Non-Discrimination Rights

  California residents have the right to not be discriminated against for exercising their CCPA rights. We will not “discriminate” against you for exercising your CCPA rights as we understand that term to be defined by the CCPA and its implementing regulations.