Privacy Statement

MKS Instruments, Inc. (together with its  affiliates and subsidiaries, referred to herein as “MKS,” “we” or “us”), recognizes the importance of data privacy to our customers, suppliers and other individuals visiting our website or providing us with personal data in connection with our products and services (collectively referred to herein as “you”). This Privacy Statement describes our policy regarding the privacy of your personal data when visiting our website, purchasing or supplying products and services, and otherwise providing personal data to us at events, trade shows, or in connection with product or service inquiries.

What type of personal data do we collect?

How and why do we use Cookies?

In what way and on what legal basis do we use the personal data that we receive?

Which recipients and third parties receive the collected personal data?

How are we securing your personal data?

How can you access your personal data and contact us?

What choices do you have?

Children’s Privacy

What type of personal data do we collect?

The information that we learn from customers and other individuals helps us to continually improve your experience with our website, products and services. Below are the types of personal data that we gather:

  1. Information that you give to us.
    1. You might provide us with personal data that you enter on our website, disclose by email or over the phone, or provide at events and trade shows.
    2. Examples of information that we collect and use in this regard might include personal data provided when searching for a product, placing an order, creating an account, applying for payment terms, requesting service or product support, subscribing to our newsletter, communicating with us by phone or email or in person at a trade show event, completing a survey, providing reviews, and signing up for alerts and other communications. 
    3. You might provide us with such information as your name, e-mail address, account log-in information, shipping address, phone number, credit card information, financial information relating to orders or email address, or other data regarding your preferences and feedback on our business.
  1. Automatic Information.
    1. We receive certain types of information whenever you interact with us. Like many websites, we use “cookies” and we obtain certain data when your web browser accesses our website. For more information on “cookies” click here
    2. Examples of the information we collect and analyze, in jurisdictions where this is permitted, might include the IP address used to connect your computer to the internet, computer and connection information.  In some cases, we may use software tools to measure and collect session information, including page response, length of visits to certain pages, page interaction information (e.g., scrolls, clicks, mouse-overs) and country-level location data.
    3. We may use information about your country location to customize our website, products or services offered and features related thereto, in the jurisdictions that permit such use.
  1. Information From Others.
    1. In some case, if you have consented or if it necessary for the performance of a contract, we may obtain information about you from third parties, such as marketers, partners, and researchers. This ensures that both the initial collection of the personal data and the transmission of the personal data is proper under applicable laws.

How and why do we use Cookies?

A “cookie” is a small data file that our site transfers to your device through your web browser that enables the site systems to recognize your browser and subsequently capture and remember certain information. We use both session cookies, which are erased upon closing your web browser, and persistent cookies, which may be stored for a certain period of time.

We use cookies to help us to improve your overall web experience when on our site. Cookies may enable us to remember and process the items in your shopping cart, to understand and save your preferences for future visits, to compile aggregated and anonymized data about site traffic and site interaction and to reflect geographically accurate information regarding pricing, in the jurisdictions such activity is not prohibited in.  In some cases, where permitted, we may contract with third party service providers to assist us in better understanding our site visitors. An example of such third party is Google Analytics. However, those service providers are not permitted to use any personal data collected on our behalf except to help us conduct and improve our business. In limited cases, we may allow such service providers to utilize aggregated, anonymized data for analytical purposes. We do not engage in “cookie swapping” or the sale of cookies to third parties.

You can configure most browsers to prevent them from accepting new cookies or to disable cookies altogether. We recommend that you leave cookies enabled as they allow you to take advantage of some of our essential website functionality. For example, if you block cookies, you may not be able to shop for products on our site or chat with our representatives online.

In what way and on what legal basis do we use the personal data that we receive?

We limit the use of the personal data that we collect from you. We might use your personal data in connection with the following business purposes:

  1. Improve user experience on our websites, as allowed based on applicable law;
  2. Accept and fulfill orders and to meet our contractual obligations relating to such orders as well as answering any inquiries or requests related to potential orders or orders for product, service, support  and warranty related matters;
  3. Marketing purposes and to provide additional information regarding our products and services to enable individuals to explore and compare the functionality and features of our products;
  4. Comply with certain legal or regulatory obligations applicable to our business;
  5. If you have given us your consent to process the data, then, we may use the data for purposes of sending marketing materials to you; and
  6. We store and process your information about your use of our website for purposes of misuse detection and tracking. Additionally, we store personal data that enables us to effectively defend ourselves in the event of a possible legal dispute, to the extent permitted by applicable law.

Which recipients and third parties receive the collected personal data?

We are not in the business of selling your personal data. We may in some cases have a need to share your personal data in connection with our business operations. Examples of this might include: 

  1. Sharing personal data with employees that have a need to know that personal data in connection with a legitimate business purpose specified in the section above, such as fulfilling an order or answering a customer inquiry. 
  2. Sharing personal data with our organizational subsidiaries and affiliated entities, including new businesses acquired through acquisition. Alternatively, in the event that we divest or transfer a technology, business unit or entity, we might be required to share or transfer that personal data to the acquiring entity.
  3. Providing personal data to third parties that are bound by our instructions and are providing products or performing services on our behalf in connection with our business operations. We do not enable our service providers to use that personal data except as required to provide the product or service requested by MKS. Such services may include analysis on website hits, trends and traffic, hosting and IT storage services in which we might store customer contact information submitted (e.g., CRM or ERP systems), marketing vendors that help us to provide you with promotional offers, newsletters and product information, and suppliers of component materials or related services or logistics providers that help us deliver product to you.
  4. Disclosing personal data where we believe it is required in order to comply with the law or to protect users and customers. For example, this may include exchanging information with companies and government agencies for the purpose of fraud protection, credit risk reduction, or compliance with export control laws.

Where personal data is transferred to non-related third parties or any country outside the EU/EEA within the above mentioned cases, appropriate safeguards are provided to safeguard such data transfer and data protection clauses are agreed upon by the recipients, the content of which is made available to you upon your request.

How are we securing your personal data?

To prevent unauthorized access, maintain data integrity and ensure that your information is used only in connection with legitimate purposes, we have established certain technical, management and operational security controls to safeguard and secure the personal data that we process. We also take steps to safeguard information according to established industry practices and periodically evaluate our current practices against new technologies for and methods of protecting information. Some of the specific technical and administrative safeguards that we employ include the following:

  1. Personal data that is transmitted to us via our website is stored behind our secure firewalls, which we maintain and update regularly;
  2. We provide access to systems containing personal data on a "need-to-know" basis and only after appropriate authorizations are obtained to ensure that the individual requires access in connection with his or her role;
  3. We deploy technologies that scan for potential viruses and malware for inbound and outbound communications to avoid unauthorized access to our networks and databases;
  4. We evaluate our external vendors from a security perspective and require certain technical thresholds be maintained to the extent that such vendors will have access to or otherwise manage a system or network containing personal data; and
  5. We provide privacy training to individuals within different facets of our organization that access or use personal data in connection with their role.

How can you access your personal data and contact us?

  1. When you register online on our website, you can access your profile information at any time via your secure account by logging in and viewing your account.  In most cases, you also have access to your last six months of order history for any orders you placed, either on the website or by phone.
  2. If you have a question regarding access or handling to the personal data that you’ve submitted, please contact us at privacy@mksinst.com or via our website contact form. For your security, online inquiries must be submitted using the email address associated with your account.
  3. If you are a German or Romanian citizen, you can contact our data protection officer at DPO@mksinst.com.

What choices do you have?

  1. As mentioned, you can always choose not to provide personal data to us. For example, you may elect not to create an online account or submit an inquiry through our website. You can also disable cookies as mentioned above. If you do not agree to provide certain personal data, we may not be able to provide you with certain website functionality or otherwise deliver products or services to you. For example, if we do not have an individual contact name and address, we cannot ship product to you. 
  2. If you do not want to receive email or marketing communications, you can adjust your communication preferences via the link provided in any email you have received from us or otherwise, by contacting us to opt out of those communications. For questions relating to this, please contact privacy@mksinst.com.
  3. Even if you have given us your consent to process your personal data, you may revoke that consent at any time for future effect, but this would not affect the lawfulness of any such data processing in the past.
  4. IN CASES WHERE PERSONAL DATA IS BEING PROCESSED FOR THE PURPOSES OF DIRECT MARKETING OR ADVERTISING YOU HAVE THE RIGHT TO OBJECT TO SUCH PROCESSING. TO OBJECT, PLEASE CONTACT PRIVACY@MKSINST.COM.

Children’s Privacy

We do not sell products or services for purchase by children. Our website is only intended to provide products and services and information related thereto for adults over the age of 18. We do not knowingly collect personal data from children under the age of 18 and we require that any child under the age of 18 solely access our website with the consent and supervision of a parent or guardian.

We may provide you with a periodic reminder of any changes, but you should check the website to see any recent changes. We will not make material changes to this Privacy Statement that directly result in less protections for your personal data without notifying you and providing you with the ability to opt-out, as applicable. This Privacy Statement applies to all information that we collect or store about you and your account.