Legal Policy

1. THE AGREEMENT

   The Agreement between Agilex Flavors & Fragrances, Inc. (“Supplier”) and Buyer with respect to the sale of Product (the “Product”) shall consist only of these terms or any terms mutually agreed to in writing hereafter by Supplier and Buyer. Supplier objects to and shall not otherwise be bound by any additional or different terms, whether printed or otherwise, in Buyer’s Purchase Order (the “PO”) or in any other communication from Buyer to Supplier. The Agreement shall be for the benefit of Supplier and Buyer and not for the benefit of any other person. Prior courses of dealing, trade usage and verbal agreements not reduced to a writing signed by Supplier, to the extent they differ from, modify, add to or detract from the Agreement, shall not be binding on Supplier. There are no agreements, promises or understandings, either verbal or written that are not fully expressed herein. No statements, recommendations, or assistance by either party has been relied upon by either party or shall constitute a waiver by either party of the provisions. The Buyer and Supplier may each be referred to herein as a “Party” and together as the “Parties.”

2. MODIFICATION OR TERMINATION

   The Agreement may be modified or terminated only upon Supplier’s written consent. If all or part of the Agreement is terminated, Buyer, in the absence of contrary written agreement with Supplier, shall pay termination charges based upon actual expenses and costs incurred in the production of the Product to the date such termination is accepted by Supplier plus a reasonable profit, except that any Product completed on or prior to Supplier’s acceptance of such termination shall be accepted and paid for in full by Buyer.

3. TERMS OF PAYMENT

   Payment terms are those set forth on a PO that is expressly accepted by Supplier. Any balances unpaid after sixty (60) days will be charged interest of 1.5% per month from the date such payment was due. If a shipment is delayed by Supplier at request of Buyer, payment therefore shall become due on the date when Supplier is prepared to make shipment thereof. Prices are F.O.B. or EXW Supplier’s shipping point unless otherwise agreed upon specified on the PO or in a writing related to a particular purchase of Product. Supplier is entitled to perform periodic credit reviews of Buyer. Whenever, in the sole judgment of Supplier, the financial condition of the Buyer does not justify the continuation of production or shipment on the specified terms of payment, the Supplier may require full or partial payment in advance.

4. DELIVERY

   Delivery dates are not guaranteed but are estimated on the basis of immediate receipt by Supplier of all information to be furnished by Buyer and the absence of delays, direct or indirect, resulting from or contributed to by circumstances beyond Supplier’s reasonable control. Supplier shall in good faith endeavor to meet estimated delivery dates. Supplier reserves the right to withhold delivery of the Product if, for any reason, Buyer fails to pay to Supplier any portion of the purchase price for the Product(s) in the amount(s) and at the time(s) specified in the Agreement.Supplier shall not be responsible for claims for error in quantity, weight or number not made within two (2) days after Buyer’s receipt of Product. Under no circumstances shall Supplier be liable for any damages or losses arising out of or resulting from any delay of any kind whatsoever, unless there is specific written agreement between the Supplier and the Buyer to the contrary.

5. RISK OF LOSS

   Unless other terms are expressly agreed to by Supplier upon acceptance of Buyer’s PO, Buyer assumes all risk of loss of Product upon delivery of Product by Supplier to carrier. Any claim made by the Buyer against the carrier pursuant to this section shall be made within two (2) days of the date of delivery of the Product.

6. LIMITED WARRANTY

   The Supplier warrants from the date of delivery or the appropriate period if contrary to applicable law, that all Product conforms to Supplier’s specifications for that Product that are in effect on the date of shipment or conforms with the description contained in an expressly accepted Buyer’s PO, the quality and agreed to specifications stated or incorporated as a schedule, by reference or otherwise.THIS WARRANTY IS THE EXCLUSIVE WARRANTY. SUPPLIER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, OR FITNESS FOR A PARTICULAR PURPOSE. If Buyer believes any Product is non-conforming or was shipped to Buyer in error, then Buyer shall give Supplier prompt written notice of the alleged defect or error. Supplier’s sole obligation under the foregoing warranty will be limited to either, at Supplier’s option,

   1. replacing non-conforming Product or
   2. refunding the purchase price for such Product paid by Buyer. Further, at Supplier’s election, Buyer shall either (x) return the Product to Supplier (at Supplier’s expense), (y) make the Product available for inspection by Supplier or its agents at Buyer’s place of business or (z) destroy the Product (before or after the date of any inspection). Buyer’s exclusive remedy for breach of the warranty will be enforcement of such obligation of Supplier. In no event shall Supplier’s liability for non-conforming Product exceed the price of the Product. Supplier shall not be responsible for any defect in Product that is created after the Product is shipped from Supplier, including Product subjected to misuse, neglect, accident or improper handling or storage or which has been altered or misbranded by anyone other than Supplier or its authorized representative or modifications to or adaptations of the Product made by Buyer or others. Supplier shall not be liable on any claim for non-conforming Product which is not made within thirty (30) days after such Product has been received by Buyer.

7. SUPPLIER’S INDEMNIFICATION

   Supplier agrees to indemnify and hold Buyer, its employees, directors, its affiliates and subsidiaries, from and against any and all claims, or liabilities arising out of Supplier’s material breach of this Agreement or the Product. Supplier’s obligation to indemnify the Buyer for the Product is limited to the state and condition of the Product when delivered and accepted by the Buyer. In addition, Supplier’s obligation to indemnify the Buyer as to the Product will apply, except to the extent any such liability arises out of or is related to the negligence or willful misconduct of Buyer, its employees or authorized representative. Supplier shall not be liable for any claim for damages or alleged claims for damages that arise from changes or modifications made to the Product by Buyer or Buyer’s representatives. In no event shall Supplier be liable for loss of profits or business, consequential, special, and indirect or punitive damages, nor for claims resulting directly or indirectly from circumstances beyond Supplier’s reasonable control.

8. BUYER’S INDEMNIFICATION

   Buyer shall indemnify, defend and hold Supplier and its respective officers, directors, employees, representatives and agents harmless from and against all damages arising out of, in connection with or resulting from any claim or allegations with respect to the

   1. written and graphic content of any product labels, inserts or slickers, promotional materials, advertisements, and or websites, except to the extent caused by or attributable to the acts of Supplier;
   2. sales of Product sold by Buyer after their guaranteed freshness date;
   3. Buyer’s failure to warehouse and distribute Product as per the shipping and storage conditions specified in writing by Supplier for the Product;
   4. damaging or tampering with the Product by anyone other than Supplier, its employees, agents, contractors, licensees, or invitees;
   5. any material breach of this Agreement by Buyer;
   6. the negligence or willful misconduct of Buyer or its agents or employees; and
   7. any claim of infringement by the Product or the trademarks or any intellectual property rights or trade secrets of a third party other than those arising from the portions of the Product created solely by Supplier.

9. INSURANCE

   The Supplier agrees to maintain insurance covering the Product and its performance under the Agreement in compliance with applicable legal requirements and including but not limited to commercial general liability (including products liability, completed operations and third party liability coverage) at no less than $1,000,000 per occurrence and $5,000,000 in the aggregate, with a reputable insurance company.

10. FORCE MAJURE

    Supplier’s failure to deliver Product by reason of any of the following and such event shall not constitute an event of default or breach of any Terms: strikes, picket lines, boycott efforts, fires, floods, freeze, accidents, war (whether or not declared), revolution, riots, insurrections, acts of God, acts of government (including without limitation any agency or department of the United States of America or any other country), acts of the public enemy, scarcity or rationing of gasoline or other fuel or vital products, inability to obtain materials or labor, or other causes which are reasonably beyond the control of the defaulting Party. Supplier shall promptly notify the Buyer of any such delay and its cause.

11. CONFIDENTIALITY

    Any specifications, samples, designs, formulations, trade secrets, patents, financial data, or other information that Buyer or Seller (the “Disclosing Party”) identifies as or otherwise deems confidential (the “Confidential Information”) and discloses to the other Party (the “Receiving Party”) in connection with this Agreement or any PO shall remain the exclusive property of the Disclosing Party and shall, along with any information derived from the same, be kept confidential by the Receiving Party and its employees and agents and shall not, without the Disclosing Party’s prior written consent, be disclosed to any third party or used except for purposes of the PO. The Receiving Party agrees not to chemically analyze or reverse engineer any sample or to assist and/or allow any third party to do so without the express written consent of the Disclosing Party.Notwithstanding the foregoing, such information shall not be deemed confidential to the extent that the Receiving Party can demonstrate by written record that it was previously known by the Receiving Party, became generally available to the public through no fault of the Receiving Party, was disclosed to the Receiving Party by a third party without breach of any confidentiality obligation, or is specifically required to be disclosed by law or legal process.The Buyer and Seller agree that the covenant of confidentiality and nondisclosure set forth above shall survive termination of this Agreement and shall remain in effect for so long as the Confidential Information remains confidential. The Parties agree that this covenant shall supersede any contrary duration term set forth in any previously executed Confidentiality Disclosure Agreement.

12. GOVERNING LAW

    Any dispute, claim or controversy arising out of, or between the Parties during the execution of or interpretation of this Agreement shall be resolved by arbitration in accordance with the American Arbitration Association Dispute Resolution Procedures in effect at the time of arbitration. The number of arbitrators shall be one and the place of arbitration shall be Middlesex County, New Jersey. All proceedings will be governed by the laws the State of New Jersey, USA.

13. MISCELLANEOUS

    (a) Failure of Supplier to insist upon performance of any provisions of these Terms or to exercise any rights hereunder shall not be construed as a waiver or relinquishment of the future performance of any such term or condition or the future exercise of such right(b) Any enforceable term, provision, undertaking or restriction contained in these Terms are held by a court of competent jurisdiction to be invalid, void or unenforceable (in whole or in part), the remainder of the terms, provisions, undertakings and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated. (c) Any notice or request required or permitted to be given in connection with these Terms shall be sent by mail, prepaid, return receipt requested, by fax, with receipt confirmed, or by express delivery service to the address set forth on the PO or to any other business address furnished in writing by the intended recipient to the sender. The date of notice shall be deemed to be the date on which such notice has been sent by fax, received by mail, or by express delivery service. (d) Section headings are for convenience only and are not to be construed as part of this Agreement.

Welcome to www.agilexfragrances.com (the “Site”). The Site is owned and operated by Agilex Flavors and Fragrances, Inc. (“Agilex,” “we,” or “us”). Agilex offers substantial fragrance capabilities that we provide to our customers with passion and excellence. This Site contains information about our company, our products, and our commitment to excellent customer service.

These Terms of Use govern your use of the Site and may be updated by us from time to time without notice to you. Please read these Terms of Use carefully before using the Site. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference. If you do not agree to any of these terms, then please do not access or use the Site.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. COMMUNITY GUIDELINES

   Agilex’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Site, you hereby agree to comply with these community rules and that:

   1. You will not access or use the Site to collect any market research for a competing business;
   2. You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
   3. You will not use the Site for any unlawful purpose or malicious activity, as determined by Agilex in its sole and absolute discretion
   4. You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means; and
   5. You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site.

   We reserve the right, in our sole and absolute discretion, to deny you access to the Site, or any portion of the Site, without notice, and to remove any comments that do not adhere to these guidelines.

2. INTELLECTUAL PROPERTY

   The Site contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Agilex (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

   If you violate any part of these Terms of Use, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.

   The trademarks, service marks, and logos of Agilex (“Agilex Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Agilex. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Agilex Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Agilex Trademarks inures to our benefit.

   Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

3. COMMUNICATIONS TO US

   Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

   Any personal or business information that you provide to us through your use of the Site, through our Contact page or otherwise, is subject to the terms of our Privacy Policy found at [www.agilexfragrances.com/privacy-policy] which is hereby incorporated by reference in its entirety.

4. NO WARRANTIES/LIMITATION OF LIABILITY

   we make no warranties or representations about the contents of the site. we shall not be subject to liability for any delays or interruptions of the site from whatever cause. you agree that you use the content and the site at your own risk.

   we do not warrant that the site will operate error-free or that the site, its servers, or the content are free of computer viruses or similar contamination or destructive features. if your use of the content or the site results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.

   the content and the site are provided on an “as is” and “as available” basis without any warranties of any kind. we disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.

   in no event shall we be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the content or the site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. in such states, our liability shall be limited to the greatest extent permitted by law.

   the site may contain technical inaccuracies or typographical errors or omissions. we are not responsible for any such typographical, technical, or pricing errors listed on the site. the site may contain information on certain products and services, not all of which are available in every location. a reference to a product or service on the site does not imply that such product or service is or will be available in your location. we reserve the right to make changes, corrections, and/or improvements to the site at any time without notice.

5. EXTERNAL SITES

   The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

6. INDEMNIFICATION

   You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your access to, use, or misuse of the Content or the Site. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

7. COMPLIANCE WITH APPLICABLE LAWS

   The Site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

8. TERMINATION OF THE TERMS OF USE

   We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.

9. MISCELLANEOUS

   These Terms of Use are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Jersey; and (ii) that the Site shall be deemed a passive service that does not give rise to personal jurisdiction over Agilex, either specific or general, in jurisdictions other than New Jersey. Any suit or action must be brought no later than one (1) year from the date on which the cause of action arose. The parties expressly waive any right to a jury trial regarding disputes related to these Terms of Use.

   If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of these Terms of Use, which shall remain in full force and effect: “Intellectual Property,” “Communications to Us,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Terms of Use,” and “Miscellaneous.”

   Our failure to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

   Copyright 2014 Agilex Flavors and Fragrances, Inc. All rights reserved.

We at Agilex Flavors and Fragrances, Inc. (“Agilex,” “we,” “us,” or “our”) are committed to protecting your personal information. Some of the personal information you input into www.agilexfragrances.com (the “Website”) will be included in a data file of Agilex. Where European Economic Area and Swiss (“EEA + CH”) law applies, Agilex is the controller of your personal information.

This Privacy Policy describes, among other things, the types of information collected about you when you visit the Website; how your information may be used and when it may be disclosed; how you can control the use and disclosure of your information; and how your information is protected.
Uses.

1. 1. Types of personal information collected
   2. Purposes for processing your personal information
   3. Disclosure of your personal information
   4. Your choices
   5. Protection of your personal information
   6. Storing and transferring your personal information
   7. User-generated content
   8. Third party sites
   9. Your rights
   10. Changes to this Privacy Policy
   11. Questions

2. Types of personal information collected

   We use different methods to collect personal information from and about you including through:

   1. Direct Interactions: You may provide personal information to us when you register for certain services, access various content or features, submit an application to work at Agilex or other Agilex group companies (“Group Companies”) or directly contact us via the Website. You may also provide personal information to Agilex if you post in community discussions, participate in any other online interactive features and if you participate in any research questionnaires, projects and surveys (the nature of which will be explained to you in more detail prior to your participation in them). The types of information we may collect from you includes personal details (including name and gender), contact information (including email address, postal address / location, telephone numbers), education and training details (including qualification, attendance at educational establishments and training received), and employment details (including details of previous employment roles).
   2. Automated technologies or interactions: When you use our Website, we will automatically collect technical information about your equipment, browsing actions and patterns, including your browser type and operating system, the links you click on within the Website, unique identifiers (including mobile device identification and IP address), information collected through cookies, web beacons and other, similar technologies (please refer to our Cookies Policy), your bandwidth speed and information about the software programs installed on your computer and standard server log information.
   3. Third parties or publicly available resources: Where permitted by applicable law, we may collect information about you from other sources, including through interactive applications (such as mobile devices, third-party services, and embedded video players), from third party sites (for example social media sites), and from commercially available sources (such as data aggregators and public databases). The types of information we may collect includes personal details (including name, age, gender and other demographic data), contact information (including postal address and telephone numbers), your interests and purchase behavior and navigation data (including websites visited and advertisements viewed or clicked on).

   This Privacy Policy does not cover the practices of third parties, including those that may disclose information to Agilex.

3. Purposes for processing your personal information

   We may process any personal information you provide to us to enable us to perform the contract entered into between you and us, to ensure compliance with local legal and regulatory requirements and for the purposes of our legitimate business interests, including:

   1. To enable us to fulfill your requests for products, services, and information, including to complete transactions that you have requested;
   2. To ensure the security of our websites;
   3. To enable you to participate in features such as surveys, polls, promotions and message boards;
   4. With your consent, to provide you with electronic newsletters, information, special offers and promotional materials about us and the Website and on behalf of our Group Companies, in accordance with applicable law (see Your Choices below for further information of opting out of such marketing communications);
   5. To better understand how you interact with the website to understand and improve the Website and our service offerings (including customizing the content of the Website and developing advertising tailored to your interests); and
   6. To produce anonymous or aggregated data and statistics that might help third parties develop our or their own products and service offerings; and
   7. To enable us to process and consider your application to join Agilex and our Group Companies.

   Combining Information The information we collect about you may be combined for the purposes outlined in this Privacy Policy, including to help us tailor our communications to you and to develop rich online content and services.

4. Disclosure of your personal information

   Agilex is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you. We may share your personal information with the following categories of recipients:

   1. Authorized third-party service providers: We may share your information with services providers who help us with specialized services, including customer support, email and text message deployment, business analytics, marketing and data processing. These service providers are required to keep your personal information confidential and secure, and must only use your personal information as instructed by Agilex.
   2. Our selected commercial partners and sponsors: Where you have chosen to enter a sweepstakes, contest, or other promotion your personal information may be disclosed to sponsors and third parties who help design, administer and implement the promotion, including in connection with winner selection, prize fulfillment and aggregated data analysis.

   We may also share your personal information in the following circumstances:

   1. Business transfers: We may share your information in connection with a substantial corporate transaction, such as the sale of a Group Company, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
   2. Legal requirements: We may disclose information about our users, including contact information, where we have a legal duty to do so, including in response to court orders or legal process, and to comply with other legal obligations imposed on us.
   3. Protect our Website and users: We may disclose information to protect and defend the legal rights, interests, and safety of the Website, the Agilex group of companies, and their employees, agents, and contractors (including enforcing our agreements); to protect the safety and security of users of the Website and members of the public.

   Your personal information may also be subject to foreign laws and may be accessible by foreign governments, courts, law enforcement and regulatory agencies.

   We may share aggregated or anonymised information with third parties, for purposes including helping us develop content and services we hope you will find of interest or to help these third parties develop our or their products and service offerings. This sharing of anonymised or aggregated information will not include information that could be used to identify you.

5. Your choices

   You can choose to enjoy content and features on the Website without directly providing us with any information about you; however, as described above, some information may automatically be collected or may be requested so you can take advantage of certain features and services offered on the Website.

   We send marketing communications where you have agreed to us doing so. You can opt out of receiving marketing emails or text messages from us by following the instructions contained in any such message or by contacting us at any time (see Section 11 “Questions” below). Please note that even if you unsubscribe to marketing communications, we still may need to send you communications relating to your use of the Website, such as service announcements and if we may need to send certain information to you under a legal, regulatory, or ethical requirement.

6. Protection of your personal information

   We have adopted appropriate and commercially reasonable technical, organizational, administrative, and physical measures to help protect your personal information from loss, misuse and unauthorized alteration. Please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any personal information you transmit to us via the Website.

8. Storing and transferring your personal information

   Your personal information collected via this Website will be stored on servers located in the United States.

   We share your personal information with our Group Companies.

   Whenever we transfer your personal information out of the USA, EEA & China, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

   1. We will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
   2. Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
   3. Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

   Please contact us at privacy@agilexfragrances.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA + CH.

   We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

   To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

   In some circumstances we may anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. User-generated content

   The Website may enable users to submit their own content for contests, blogs, videos, message boards, and other functions. Publication of user generated content on the Website is subject to any Terms of Use that may be notified to you prior to your submitting content. Please remember that any information you disclose as or in relation to user-generated content will be publicly available. You should exercise caution when deciding to disclose your contact details, financial information, and other information in a submission. We cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety.

10. Third party sites

    The Website may contain links to non-Agilex websites. Links to other websites are provided for information only and do not constitute endorsements of those other websites. When you select a link to a third party website from the Website, you will be leaving the Website and this Privacy Policy does not cover any information collected through any other website. Any information that you disclose on the third party site will be governed by that site’s privacy policy. You should review the privacy policies of those third party sites before providing any information to them. We are not responsible or liable for the privacy practices or policies of any non-Agilex websites. Your use of third-party websites is at your own risk.

11. Your rights

    You may be entitled under local law to:

    1. access, update or amend the information that we hold about you;
    2. object to the processing of your information by Agilex, including for marketing purposes or otherwise where you have a legitimate reason for doing so; and/or
    3. ask us to delete your information. Please note that we may need to retain some information about you in order to satisfy our legal or security obligations.

    Residents of the EEA + CH: In addition to the rights listed above you may also have the right to: (a) restrict the processing of personal information we hold about you; (b) object to the processing of personal information we hold about you; (c) receive any personal information we hold about you in a structured and commonly used machine-readable format or have such personal information transmitted to another company; and/or (d) not be subject to any decision that significantly affects you being taken solely by automated processing, including profiling.

    Please contact us if you wish to exercise any of these rights. We will process any request in line with any local laws and our policies and procedures. We may ask you for additional information to confirm your identity and for security purposes, before disclosing information requested to you. If you are located in the EEA + CH, you have the right to lodge a complaint about how we process your personal information with the supervisory authority in your country. We would, however, appreciate the chance to deal with your concerns before you approach your local supervisory authority so please contact us in the first instance.

12. Changes to this Privacy Policy

    We may update this Privacy Policy to reflect changes in our practices and service offerings. If we modify our Privacy Policy, we will update the “Effective Date” and such changes will be effective upon posting. If we make any material changes in the way we use your personal information, we will notify you by sending an email message to the email address you most recently provided to us or by prominently posting a notice of the changes on the Website.

13. Questions

    If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact privacy@agilexfragrances.com

1. How we use cookies and similar technologies

   Agilex Flavors and Fragrances, Inc. (“Agilex,” “we,” “us,” or “our”) uses cookies and similar technologies including web beacons, embedded scripts and e-tags (together referred to as “cookies”, unless otherwise stated) to provide users an efficient experience in using the website.

   Cookies are small text files that are sent to your computer when you visit a website. Cookies are widely used by web site owners in order to make their web sites work, like letting you navigate between pages efficiently, storing your preferences and generally improving your experience of a website.

   A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal data a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Some parts of our website use cookies to track user traffic patterns. Agilex does this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. Agilex does not connect this information with data about individual users [nor does it share this information or sell it to any third party.]

   By using our website you accept our use of these cookies. If your browser settings are set up as ‘Do Not Track’, we will not use cookies and tracking technologies. See section four below for more details on how you can opt-out of cookies. Here are some additional things you should know about our use of cookies:

   1. you may encounter cookies from our third party service providers, that we have allowed on our website that assist us with various aspects of our website operations and services.
   2. you also may encounter cookies from third parties on certain pages of the websites that we do not control and have not authorized. For example, if you view a web page posted as a link from our website, there may be a cookie placed by that web page.

3. Cookies used on our website

   Agilex uses cookies for a variety of reasons, including providing you the service you have requested, to enhance the performance of and analyze how our website is used and to enhance your online Experience, for example, by remembering your log-in status and viewing preferences from a previous use of our website.

   Our use of cookies falls into four categories:

   1. Strictly necessary cookies: these are essential in order to enable you to move around the website and use its features. Without these cookies, the services you have asked for cannot be provided.
   2. Performance cookies: also known as “analytical” cookies. These cookies allow us to recognize and count the number of visitors and to see how visitors move around the sites when they are using them. For example, they allow us to understand which pages are visited most often, and if they get error messages from web pages. All information collected by these cookies is aggregated and therefore anonymous.
   3. Functionality cookies: these cookies are necessary for our website to operate and allow us to remember what choices you make and provide enhanced, more personal features. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
   4. Advertising and marketing cookies: these cookies are used to send you advertising and marketing-related material tailored to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers.

   We may change our use of cookies over time, but our use of cookies will generally fall into the above categories. Please visit this page regularly so that you are aware of any changes.

4. Google Analytics

   This Website uses Google Analytics to collect information about how users use the Website. The information generated by the cookie about your use of the Website will be transmitted to and stored by Google on servers in the United States. In case IP-anonymization is activated on this Website, your IP address will be partially used within the European Union or just in the European Economic Area if it is used by other parties. Only in exceptional cases will the full IP address be transferred to a Google server in the United States, and then shortened so it is only partially used there. The IP-anonymization is active on this Website.

   Google will use this information on behalf of the operator of this Website for the purpose of analyzing your use of the Website, compiling reports on Website activity for Website operators and providing them other services relating to Website activity and internet usage. The IP address that your browser conveys within the scope of Google Analytics will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; please note, however, that if you do this you may not be able to use the full Website. You can also opt-out from being tracked by Google Analytics in the future by downloading and installing ‘Google Analytics Opt-out Browser Add-on’ for your current web browser: https://tools.google.com/dlpage/gaoptout.

5. Opting out of cookies

   You have the right to decide whether to accept or reject cookies. If you don’t want to receive cookies, you can modify your browser so that it notifies you when cookies are sent to it or you can refuse cookies altogether. You can also delete cookies that have already been set. If you wish to restrict or block web browser cookies which are set on your device then you can do this through your browser settings; please visit your browser’s help menu for further details. Please note that if you choose to reject cookies, doing so may impair some of our web site functionality. For more information and how cookies they can be managed and deleted please visit http://www.allaboutcookies.org/ or http://www.networkadvertising.org/choices/.