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ON Semiconductor Privacy Policy

Effective Date: January 1, 2020.

Welcome! Thank you for visiting Semiconductor Components Industries, LLC (“ON Semiconductor,” “we” or “our”). The Services is owned and operated by ON Semiconductor. To help inform you, we provide this notice explaining our information practices on our website (www.onsemi.com) and our other related mobile websites, services, tools, mobile applications and other applications and services to which this Privacy Policy is linked (“Services”). While some of the information we describe here is technical, our goal is to make this policy straightforward, so please contact us if you have any questions.

Summary

A table summarizing the contents of this privacy policy ("Privacy Policy") appears below, followed by the policy in full. Should there be any discrepancy between the table and the full Privacy Policy, the language of the full Privacy Policy shall govern.

Scope and Consent

This policy describes the information practices of ON Semiconductor’s website, mobile apps, services, tools, and other applications and services that link to this Privacy Policy. Your use of the Services is also governed by the Terms of Use.

Collection

We collect the following personal information when you use the Services.

  • Identifiers
  • Demographic information
  • Commercial information
  • Professional, employment-related, or education information
  • Other content or information you share on the site
  • Geolocation information
  • Payment information
  • Internet or other electronic network activity information
  • Cookies and tracking technologies
  • Information from outside sources

Use

We use information collected from you for a variety of business and commercial purposes, such as to provide, maintain and improve our Services, process or fulfill orders or transactions, process transactions, manage accounts, analyze traffic and use of our Services, target advertisements to you on or off the Services.

Retention

We retain your personal information for as long as needed to comply with our legal obligations and other business purposes.

Disclosure

We may share your personal information and other information we collect with the following entities: ON Semiconductor and the rest of our corporate family; service providers; ad tech vendors and social networks; legal and law enforcement; new owners where there is a change of corporate control; other visitors to the site as to information you post; and others with your consent.

Summary of Information

You can view a summary of the personal information we have collected, used, and shared in the last 12 months.

Rights for California Residents

If you are a California resident, you have rights of access, deletion, non-discrimination, and to opt-out of the “sale” of your personal information. We honor these rights for CA residents and for other U.S. residents to the extent required by applicable law.

EU and Swiss Data Subject Rights

If you are a resident of the European Economic Area (EEA) or Switzerland, you have the rights to: (a) request access to your personal data; (b) request erasure of your personal data; (c) request restrictions on the processing your personal data; (d) object to processing your personal data; and/or (e) the right to data portability. You also have the right to lodge a complaint with a supervisory authority.

Communication Preferences

Communication Preferences

You can opt out of receipt of marketing messages from us through your account/profile settings.

Additional Choices

You can withdraw your consent to the collection of your personal information at an any time without affecting the lawfulness of consent-based processing before its withdrawal.

Tracking Technologies (Cookies)

We use tracking technologies (including cookies) to recognize you, customize your experience on the Services, and target the content/advertising you see, including providing videos customized to your interests. For more information about the use of cookies and similar technology on our online services please review this Privacy Policy and our Cookies and Tracking Technologies Policy. We offer an opt-out for “sales” of personal information as discussed in Section 4.

Third Parties

We are not responsible for the privacy practices of third party websites that are linked to our Services.

Security

We seek to protect your personal information by using reasonable security measures.

Children’s Privacy

The Services are not intended for individuals under the age of 16. We do not knowingly collect personally identifiable information from users within this age group.

Legal Basis for Processing

We will only collect, store, or otherwise process your personal information when we have your consent, a legitimate interest and/or legally required to do so.

International Transfer

We store and process your personal information on our computers in the US and elsewhere in the world.

Notification Regarding Updates

You agree that we may notify you about material changes to this Privacy Policy by posting notices on the Services.

Contact Us

ON Semiconductor privacy issues are covered by the Global Privacy Office. For more information about our privacy practices, go to our full Privacy Policy, send an email to privacy@onsemi.com, or call us at 1-800-905-4574.

Full Privacy Policy

1. Scope and Consent.

When you use the Services, you are contracting with ON Semiconductor located at 5005 East McDowell Road, Phoenix, AZ 85008 pursuant to our Terms of Use. If you reside outside of the United States, ON Semiconductor is your data controller. This Privacy Policy describes how ON Semiconductor may collect, use, disclose, and retain your personal information.

2. Information Practices: How we collect, use, retain, and disclose personal information.

Collection.

When you use our Services, we collect the following types of information from and about you. Some of this information may be considered “personal information,” meaning it reasonably identifies you or your device or it is reasonably associated with you. We also collect, use, and disclose aggregated or deidentified data that does not identify you or your device and is not subject to this privacy policy.

Personal Information You Provide

You can browse our Services without actively submitting any information about yourself, but you may choose to provide us with personal information through the Services. For example, you may provide:

Indentifiers: To register for an account with us, create a profile for your account, purchase products, sign up to receive email updates, you may provide personal information such as name, physical address, email address, phone number, the name of the business you represent, and similar information you choose to provide.

Demographic Information: You can submit information such as age and gender, as well as your interests if you register for an account.

Commercial information: We may obtain commercial information, such as your purchase history, including records of products you have purchased, returned or are considering purchasing from us.

Professional or Employment-related and Education Information: You may submit an application, resume or C.V. via the Services. To process your application for a position, we may also obtain information about you from outside sources. Where you submit information on behalf of another person, you confirm that you have made that person aware of how we may collect, use and disclose their information, the reason you have provided it, how they can contact us, the terms of this Privacy Policy and that they have consented to such collection, use and disclosure.

Payment Information (Categories of Information in California Civil Code 1798.80): You may submit credit card or other payment or billing information in connection with the purchase or a good or service.

Other Content and Information you Share on the Services: You may submit information or content, such as by commenting on a blog or participating in online forums or communities, when you interact with our Services.

Automatically Collected Information.

We automatically collect personal information when you access and use our Services, including:

Identifiers: Identifiers such as your IP address, Internet service provider (ISP), mobile advertising ID, media access control (MAC) address, and identifiers associated with browser cookies, web beacons and similar technologies we deploy on our services.

Internet or Other Electronic Network Activity Information: We may collect information about the devices and computers you use to access our Services such as browser type, language, operating system, the referring web page, pages visited, and hyperlinks clicked. When you visit our Services, we collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Services and other information about your internet activity (“usage information”).

Geolocation information: If you choose to install our mobile application and allow the use of your device’s location, we may receive geolocation data. We may also collect your IP address and use to estimate your approximate location.

Cookies and Other Tracking Technologies

We use tracking technologies (including pixel tags, cookies, flash cookies, web beacons, clear GIFs, embedded scripts, Javascript, local storage and e-tags/cache browsers) to collect usage information. We may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information. For more information see Tracking Technologies section.

Information from Outside Sources

We may collect personal information about you from other sources. For example, we may collect personal information about you from analytics companies, advertising networks, demographic companies, and other vendors that provide us with information, so we can better understand you and provide you with information, offers, and products and services that may be of interest to you. If you apply for a position with us as an employee or contractor, we may obtain information about you from former employers, schools, references, and credit bureaus.

Use.

We collect personal information for a variety of business and commercial purposes, such as to:

  • Provide, maintain, and improve our Services, as well as to develop new content and features;
  • Process or fulfill orders and transactions;
  • Provide customer service (e.g., to resolve disputes, feedback, problems with your account/profile or the Services;
  • Process payments;
  • Complete the transactions you request, perform our contractual obligations, and, as otherwise anticipated within the context of our relationship;
  • Create and manage your account;
  • Send notifications related to your account and purchases;
  • Send newsletters and promotional messages you request;
  • Enable you to participate in public platforms or other interactive features of the Services (such as post comments to blog entries);
  • Conduct internal research and development;
  • Analyze traffic and user activities on our Services, identify popular areas or features, and optimize and personalize the Services;
  • Target advertisements to you both on and off of our Services;
  • Debug, identify and repair errors that impar the functionality of our Services;
  • Process and evaluate applications for positions as an employee or contractor with us;
  • Protect the rights and property of ON Semiconductor and others and comply with our legal obligations, including to detect, investigate, and prevent fraud and other illegal activities and to enforce our agreements;
  • Carry out certain short-term activities and other reasonable internal purposes related to the products or services you purchase from us or your ongoing relationship with us;

Data Retention.

Your information will be retained in accordance with our data retention policy which is designed to retain data for as long as needed for us to comply with our contractual obligations, employment obligations, and other business purposes, including global legal obligations to retain data. We may retain some information from closed accounts so that we can comply with law, prevent fraud, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce our Terms of Use, or take other actions permitted by law. Likewise, if your account or membership is terminated or suspended, we may maintain some information to prevent re-registration.

Disclosure.

Information collected may be shared with:

The ON Semiconductor Corporate Family: We may share the information we collect about you with the ON Semiconductor corporate family and their and our affiliates and subsidiaries.

Service Providers: We may disclose your information to service providers under contract who help with our business operations (such as fraud investigations, bill collection, payment processing, web hosting, product fulfillment, shipment, recruitment, employment, research, IT, to process opt-out requests, to assist us in responding to consumer requests for access, deletion, or correction of information, direct mail and email distribution, site analytics and operations). We may also share your information with legal, financial, insurance and other advisors in connection with corporate transactions, the management of our business and operations, to defend against legal claims; to investigate, prevent, or act against illegal activities, suspected fraud, situations involving potential threats to safety, or violations of ON Semiconductor’s terms of use; to protect our operations, assets, and intellectual property; to allow us to pursue appropriate legal remedies or limit damages; to pursue any reorganization, merger, sale, joint venture, assignment, transfer of assets, or other disposition of all or any portion of our business, assets, or stock; or as otherwise required by law.

Advertising Technology (“Ad Tech”) Vendors and Social Networks: On the Services, we may work with third parties to serve advertisements, provide us with data collection, reporting, and ad response measurement and assist with delivery of relevant marketing messages and advertisements. These third parties may view, set, or edit their own tracking technologies/cookies that are deployed when you visit our Services. The use of these technologies by these third parties is subject to their own privacy policies and we encourage you to review them. They might also obtain information about other applications that you have downloaded to your mobile device, the mobile websites you visit and other information about you or your device in order to analyze and serve targeted advertising on the Services and elsewhere. For more information about third party ad servers at our Services and your ability to opt-out of targeted advertising from such third parties, please visit Ad Choices.

Legal and Law Enforcement: Law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other ON Semiconductor user to legal liability. In such events, we will only disclose information relevant and necessary to the investigation or inquiry, such as name, city, state, ZIP code, telephone number, email address, user ID history, IP address, fraud complaints, and anything else we may deem relevant to the investigation.

Change of Control – New Owners: We may transfer your personal information as an asset that is part of a merger, acquisition, bankruptcy or other transaction in which a third party assumes control of all our part of our business.

Information You Post: If you post information or content, such as by posting photos, commenting on a blog, or participating in online forums or communities, or when you interact with our Services through social media sites, plug-ins or other applications, depending upon your privacy settings, this information may become public on the Internet. We cannot prevent further use of this information. You can control what data you share through privacy settings available on some social media sites. Please refer to those third-party sites’ privacy policies and terms of use to learn more about their privacy practices, which we do not control.

Other Entities with your Consent. Other third parties at your specific direction.

3. Summary of Information Practices in Last 12 Months.

The following table summarizes our personal information collection, use, and sharing practices in the preceding 12 months since we last updated this Policy on January 1, 2020. As reflected in this table, we may share your personal information with a variety of outside entities as well as with other members of the ON Semiconductor corporate family and law enforcement, as described in Section 2 above.

Categories of Personal Information Categories of Sources Commercial / Business Purpose(s) for Collection Categories of Vendors (including third parties and service providers) to which Personal Information is Disclosed
Indentifiers
Examples: Name, username, password, email address, physical address, phone number, IP address, unique device ID, mobile phone number, tracking technologies (e.g., pixel tags, cookies) to collect usage information. For more information see Tracking Technologies
  • You
  • Maintaining and servicing accounts
  • Providing customer service
  • Processing or fulfilling orders and transactions
  • Providing, maintaining and improving the Services and products and services
  • Marketing and advertising
  • Analytics regarding use of Services
  • Internal research
  • Communications with you with you at your request
  • IT vendors, cloud computing providers, database providers, customer service vendors and other service providers that need access to such information to perform services for us
  • Data analytics providers
  • Ad networks, ad tech vendors, social networks, and other marketing and advertising vendors
Internet or Other Electronic Network Activity Information

Examples:
  • Domain information, pages visited, and cookie information.
  • Session information such as time spent on certain pages and page interaction information.
  • Your mobile devices and computers used to access our Services
  • Analytics regarding use of Services
  • Internal research
  • Marketing and advertising
  • Providing, maintaining and improving the Services and products and services
  • Ad networks, ad tech vendors, social networks, and other marketing and advertising vendors
  • Data analytics providers
  • IT vendors, cloud computing providers, database providers, customer service vendors and other service providers that need access to such information to perform services for us

Geolocation data

Examples:

  • Location of mobile device
  • Your mobile devices and computers used to access our Services
  • Providing, maintaining and improving the Services and products and services
  • Marketing and advertising
  • Analytics regarding use of Services
  • Internal research
  • Ad networks, ad tech vendors, social networks, and other marketing and advertising vendors
  • Data analytics providers
  • IT vendors, cloud computing providers, database providers, customer service vendors and other service providers that need access to such information to perform services for us

Commercial Information

Examples:

  • Information about ON goods or services purchased, obtained, or considered
  • You
  • Processing or fulfilling orders and transactions
  • Providing customer service
  • Services analytics
  • Internal research
  • Marketing and advertising
  • Providing, maintaining and improving the Services and products and services
  • Ad networks, ad tech vendors, social networks, and other marketing and advertising vendors
  • IT vendors, cloud computing providers, database providers, customer service vendors and other service providers that need access to such information to perform services for us

Demographic Information

Examples:

  • gender, areas of interest
  • You
  • Analytics regarding use of Services
  • Internal research
  • Providing, maintaining and improving the Services and products and services
  • Ad networks, ad tech vendors, social networks, and other marketing and advertising vendors
  • IT vendors, cloud computing providers, database providers, customer service vendors and other service providers that need access to such information to perform services for us
Payment Information
(Information under California Civil Code 1798.80)
  • You
  • Process payments
  • Processing or fulfilling orders and transactions
  • Service providers such as payment processors and others as necessary to provide services to us

Professional or Employment -
related Information

Examples:

  • Job history, educational history
  • You
  • Outside sources such as credit bureaus, former employees, schools, references
  • Process and evaluate applications for positions with ON
  • Administrative purposes
  • Service providers such as HR vendors and others as necessary to provide services to us

Information You Post to the Services

Examples:

Comments on blog posts

  • You
  • Maintaining and improving the Services and our products and services
  • Communication with you with your consent
  • Other visitors to Services
  • IT vendors, cloud computing providers, database providers, customer service vendors and other service providers that need access to such information to perform services for us

Inferences

Examples:

Gender, interests

  • Derived from above sources/types of information
  • Maintaining and improving the Services and our products and services
  • IT vendors, cloud computing providers, database providers, customer service vendors and other service providers that need access to such information to perform services for us
  • Ad networks, ad tech vendors, social networks, and other marketing and advertising vendors

Sale of Personal Information: We do not sell your information for money but we and our business partners use tracking technologies to help us to understand our customers and visitors to the Services, to enhance your online experience, and customize our offerings in ways that may be deemed a “sale” of personal information under the California Consumer Privacy Protection Act (CCPA). This includes working with third parties such as ad networks which collect personal information via tracking technologies to personalized serve advertisements on and off our Services, provide us with data collection, reporting, ad response measurement. To the extent we or our partners use such technologies on the Services, we offer an opt-out as discussed in Section 4.

We do not knowingly sell or otherwise disclose the personal information of minors under 16.

4. Choices for Access, Deletion, Opt-Out of Sale, and Right to Non-Discrimination for California Residents or As Required By Law.

If you are a California resident, you have the right to know what personal information we collect, disclose, and “sell” about you (as that term is used in the CCPA). Additionally, you have the right to access, delete and opt out from the “sale” of your personal information. Non-California Residents: ON will seek to honor requests to exercise the above rights made by non-California residents to the extent required by applicable law.

To exercise these privacy rights and choices, please follow the instructions below:

  • How to Request Access to Personal Information: You may request access to your personal information twice in a 12-month period. To do so, please complete the webform in ON Semiconductor’s Privacy Rights Portal, email us at privacy@onsemi.com or call 1-800-905-4574. Account holders can request access to their personal information at any time by logging into their accounts on the Services. In response, we will produce an Access Report detailing the personal information we have collected, disclosed, and/or sold about you. This Access Report will be delivered by mail or electronically at your request.
  • How to Request Deletion of Personal Information: You may request that ON Semiconductor delete the personal information it has collected and/or maintained about you. To do so, please complete the webform in ON Semiconductor’s Privacy Rights Portal, email us at privacy@onsemi.com, or call 1-800-905-4574. Note, we may need to retain certain personal information as permitted by law, such as to complete the transaction for which the personal information was collected, provide a requested good or service, detect security incidents, protect against malicious, deceptive, fraudulent or illegal activities, comply with legal obligations or to enable solely internal uses that are reasonably aligned with your expectations or lawful within the context in which you provided the information.
  • How to Opt-Out of the Sale of Personal Information: We offer an opt-out from the use of cookies and other tracking technologies in connection with our Services, which may in some cases constitute the sale of your personal information under the CCPA or other privacy laws. To opt-out of the sale of your personal information, please click Do Not Sell My Personal Information or fill out this webform at the ON Semi Privacy Rights Portal. This will cause information to cease to be added to any cookies or other tracking technologies that have been set on our Services or block them entirely. Please note that you will need to opt out again if you visit one of our Services from a different device or browser of if you clear your cookies.

Verification: Please note, we will take steps to verify your identity before fulfilling any of the above requests. If you maintain an account with us, we will verify your identity through existing authentication practices for the account (e.g., login and password). If you are not a registered member, we will verify your identity by matching two or three data points that you provide with data points that we maintain and have determined to be reliable for the purposes of verification (e.g., browser or device ID).

Authorized Agents: You can use an authorized agent to make requests on your behalf. But we may require the agent to provide a written permission and verify his/her identity or demonstrate that he or she has power of attorney in connection with a request for access or deletion.

Anti-Discrimination Right: You have the right to be free from discrimination in product quality, goods or services if you choose to exercise your privacy rights under the CCPA.

Do Not Track Signals: ON Semiconductor responds to Do Not Track signals to the extent received from a web browser.

5. EU and Swiss Data Subject Rights.

If you are a resident of the European Economic Area (EEA) or Switzerland, you have the right to: (a) request access to your personal data and rectification of inaccurate personal data; (b) erasure of your personal data; (c) request restrictions on the processing of your personal data; (d) object to processing your personal data; and/or (e) the right to data portability. For information about how to exercise your rights, please email us at privacy@onsemi.com.

You also have the right to lodge a complaint with a supervisory authority.

6. Communication Preferences and Marketing (Opt-out).

If you do not wish to receive marketing communications from us, you can indicate your communications preference within the direct communication from us or through your account/profile settings. You may not opt-out of administrative emails (for example, emails about your transactions or policy changes) for your registered account.

7. Additional Choices.

If you have consented to our collection of your personal data for multiple specific purposes or explicitly consented to our collection of special/sensitive categories of personal data (i.e., personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation) your consent can be withdrawn at an any time without affecting the lawfulness of processing based on consent before its withdrawal.

For information about how to access, delete, or update your personal information or opt out of the sale of your personal information, go to Section 4 (Choices for Access, Deletion, Opt-Out of Sale, and Right to Non-Discrimination for California and other U.S. Residents.). For more information about the rights of European Economic Area (EEA) or Swiss residents go to Section 5 (EU and Swiss Data Subject Rights).

8. Tracking Technologies (Cookies).

When you visit the Services, we and our business partners may use tracking technologies to enhance your online experience or customize our offerings.

A few additional important things you should know about our use of tracking technologies (cookies):

  • We offer certain features that are available only through the use of tracking technologies.
  • We use both session and persistent tracking technologies. Tracking technologies (e.g., cookies) can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). You are always free to decline tracking technologies if your browser permits, although doing so may interfere with your use of the Services. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling tracking technologies such as cookies.
  • If you are a registered user and you specifically request that our Services remembers your login information, you are allowing us to place a permanent cookie onto your computer.
  • You may encounter tracking technologies/cookies from our service providers, that we have allowed on our site that assist us with various aspects of our website operations and services, such as Google Analytics
  • You also may encounter tracking technologies 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 created by another user, there may be a cookie placed by that web page).
  • We may target and track the videos you view on the Services. You consent to our tracking of your video viewing through the Services or third party social media for up to two years or as permitted by applicable law.

For more information about the use of cookies and similar technology on our online services please review this Privacy Policy and our Cookies and Tracking Technologies Policy.

9. Third Parties.

Our Services may contain links to other third party websites. We are not responsible for the privacy practices or the content of these third party sites.

10. Security.

We may store and process your information in the United States and around the world. We maintain reasonable technical, physical, and administrative security measures designed to help protect the security of your personal information against loss, misuse, unauthorized access, disclosure, or alteration. It is your responsibility to make sure that your personal information you submit is accurate. If you believe that your login credentials have been compromised, please make sure to contact us as indicated in the Contact Us Section, below .

11. Children's Privacy.

The Services is a general audience site and it is not intended for individuals under the age of 16. We do not knowingly collect personal information via our websites, applications, services, or tools from users in this age group. ON Semiconductor requires that you be 18 years of age to work in any of our facilities.

13. International Transfer.

As we operate internationally, and many of our computer systems are currently based in the U.S. your personal information may be processed in the U.S. and elsewhere where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create an account/profile, you consent to the collection and/or processing in the U.S. of your personal information and tracking technologies/cookies as described in this Policy. You understand that the U.S. government may obtain access to the personal data you submit if necessary for investigative purposes (e.g., terrorism investigation). We use adequate means to transfer data under applicable laws (e.g., EU Standard Contractual Clauses, model contracts/transfer agreements, privacy principles, privacy statements, privacy policies, and other country-specific registrations and filings).

ON Semiconductor’s operation of the Services is in accordance with the EU-U.S. and Swiss-U.S. Privacy Shield Principles. With respect to the processing of personal data received or transferred pursuant to the EU-U.S. and Swiss-U.S. Privacy Shield Principles, ON Semiconductor is subject to the investigatory and enforcement powers of the Federal Trade Commission.

Consistent with EU-U.S. and Swiss-U.S. Privacy Shield Principles, ON Semiconductor commits to resolve complaints on its processing of personal information. EU/EEA and Swiss individuals with inquiries or complaints regarding this Privacy Policy should first contact the Global Privacy Office at privacy@onsemi.com.

ON Semiconductor is responsible for the processing of personal data it receives under the EU-US and Swiss-US Privacy Shield Frameworks and subsequently transfers to a third party acting as an agent on its behalf.

If ON Semiconductor does not resolve your complaint, you may submit your complaint free of charge to https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim, ON Semiconductor’s designated independent dispute resolution provider. Under certain conditions specified by the principles of the EU-U.S. and Swiss-U.S. Privacy Shield Framework, you may also be able to invoke binding arbitration to resolve your complaint. Additional information on this option is available in Annex I of the Privacy Shield Principles.

ON Semiconductor complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. ON Semiconductor has certified to the Department of Commerce that it adheres to the Privacy Shield Principles for the EU-US and Swiss-US Privacy Shield Frameworks. The following U.S. subsidiaries of our organization are also adhering to the Privacy Shield Principles for the EU-US and Swiss-US Privacy Shield Frameworks and are covered by our Privacy Shield self-certifications: (a) Aptina, LLC, (b) Fairchild Semiconductor Corporation, and (c) Semiconductor Components Industries, LLC. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. For more information about the ON Semiconductor global privacy practices and principles, please contact the Global Privacy Office at privacy@onsemi.com.

14. Notification Regarding Updates.

We will change this Privacy Policy from time to time. When we make changes, we will revise the date at the top of the policy and, in some cases, will notify you through the Services, such as on our homepage, or via email or other communication.

15. Contact Us.

If your questions are not answered online, you may email us at privacy@onsemi.com, call us at 1-800-905-4574, or write to us at: ON Semiconductor, Attention Chief Privacy Officer, 5005 East McDowell Road, Phoenix, AZ 85008.

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IMPORTANT - READ BEFORE DOWNLOADING, COPYING, INSTALLING, OR USING.

DO NOT DOWNLOAD, COPY, INSTALL, OR USE THIS CONTENT UNTIL YOU (THE "LICENSEE") HAVE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY DOWNLOADING, COPYING, INSTALLING, OR USING THE CONTENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO SO AGREE, DO NOT DOWNLOAD, COPY, INSTALL, OR USE THE CONTENT.

If you agree to this Agreement on behalf of a company, you represent and warrant that you have authority to bind such company to this Agreement, and your agreement to these terms will be regarded as the agreement of such company. In that event, "Licensee" herein refers to such company. This Agreement is a legal contract between Licensee and Semiconductor Components Industries, LLC a Delaware limited liability company (d/b/a ON Semiconductor) having its principal place of business at 5005 E. McDowell Road, Phoenix, Arizona 85008, U.S.A., ("ON SEMICONDUCTOR") and its affiliates and subsidiaries ("ON Semiconductor").

1. Delivery of Content. Licensee agrees that it has received a copy of the Content, including Software (i.e. human-readable and editable code ("source code"), executable code ("object code")), data sheets, BOMs, schematics, application notes, design & development tools, evaluation board material (i.e. BOM, Gerber, user manual, schematic, test procedures, etc.), design models, reference designs, reference manuals, and other related material (collectively the "Content") for the purpose of enabling Licensee to use the Content and then incorporate the functionality of such Content for use only with ON Semiconductor Products. Licensee agrees that the delivery of any Software does not constitute a sale and the Software is only licensed.

2. License.

2.1 License Grant.

a) ON Semiconductor hereby grants to Licensee a fully paid-up, royalty-free, non-exclusive, non-transferable and non-sublicensable license to modify the Software as necessary to enable Licensee’s products ("Licensee Products") utilizing the Software to operate, or interface with only products sold to Licensee by or on behalf of ON Semiconductor ("ON Semiconductor Products").
b) In addition, ON Semiconductor hereby grants to Licensee a fully paid-up, royalty-free, non-exclusive, non-transferable license to: (i) use the Content, including as modified by Licensee, with Licensee Products solely for the purpose of enabling such Licensee Products to operate or interface with only ON Semiconductor Products; (ii) copy the Content as necessary for such use; and (iii) distribute only the Software and modified Software in a format which is executable by a machine and not human-readable, to Licensee's third party end-user customers ("Customer(s)") for use by such Customers strictly in conjunction with Licensee Products and solely for the purpose of enabling such Licensee Products to operate or interface with ON Semiconductor Products.
c) Notwithstanding anything herein to the contrary, no license or right of any kind is granted herein by ON Semiconductor (or its licensors/suppliers) to Licensee to disclose, distribute or otherwise provide the Content, Software or Modifications (defined below) in a format which is customarily read and edited by humans to Licensee's customers or to any third party, with the sole exception of Licensee's consultants and subcontractors (i) that have a need to have access to such source code for purposes of the license grant of this Agreement, and (ii) that have entered into a written confidentiality agreement ("NDA") with Licensee specifying that such source code is ON Semiconductor confidential information and preventing unauthorized use or disclosure of such source code.
d) Licensee agrees that it shall not take any actions whatsoever that could or would cause the Content, Software, or Modifications or any portion thereof to become subject to the GNU General Public License (GPL), GNU Lesser General Public License (LGPL), Mozilla Public License (MPL), Artistic License, Apache License, Q Public License, IBM Public License, or any other open source license requiring the distribution of the Software or Modifications or any part thereof in any code format.
e) In the event Licensee makes modifications to the Software made by or on behalf of Licensee (each a "Modification"); Licensee shall notify ON Semiconductor of any Modifications and provide ON Semiconductor with a source code formatted copy of each such Modification within thirty (30) days of making such Modifications. ON Semiconductor shall own any Modifications to the Software.
f) Licensee shall retain, and shall require each Customer to retain, all copyright and other notices within the Content, Software and Modifications developed by Licensee hereunder.
g) Licensee may only distribute the Software or Modifications to its Customers pursuant to a written license agreement. At a minimum such license agreement shall safeguard ON Semiconductor's ownership rights to the Software. Such license agreement may be a "break-the-seal" or "click-to-accept" license agreement.
h) The Content is licensed for use only with the ON Semiconductor Products. Use of the Content with non-ON Semiconductor Products is not licensed hereunder.

2.2 Ownership; No Implied Licenses. Subject to the licenses expressly granted herein by ON Semiconductor to Licensee, ON Semiconductor (and/or its licensors/suppliers) retains all rights, title and interest in and to the Content and all patents, copyrights, trademarks, trade secrets, and all other proprietary or intellectual rights therein. ON Semiconductor (and/or its licensors/suppliers) reserves all rights not expressly granted hereunder, and there are no implied licenses granted by ON Semiconductor hereunder. Certain elements of the Content may be provided in files/data formatted for use with or by certain third party software/tools/products. No licenses or rights to any such third party software/tools/products are granted to Licensee by ON Semiconductor. Licensee shall ensure that it has obtained all necessary licenses and rights to use any such third party software/tools/products which are necessary in order to utilize the Content.

2.3 Restrictions. Except as expressly permitted in this Agreement, Licensee shall not use, modify, copy or distribute the Content or Modifications. The Content is the confidential information of ON Semiconductor (and/or its licensors/suppliers). Except as expressly permitted in this Agreement, Licensee shall not disclose, or allow access to, the Content or Modifications to any third party. Except as expressly permitted in this Agreement, Licensee shall not itself and shall restrict Customers from: copying, modifying, creating derivative work of, decompiling, disassembling or reverse-engineering the Content (or any part thereof).

2.4 Licensee acknowledges and agrees that Licensee is solely and wholly responsible and liable for any and all Modifications, Licensee Products, and any and all other products and/or services of Licensee, including without limitation, with respect to the installation, manufacturing, testing, distribution, use, support and/or maintenance of any of the foregoing.

3. Warranty Disclaimer. THE CONTENT IS PROVIDED BY ON SEMICONDUCTOR TO LICENSEE HEREUNDER "AS IS" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. WITHOUT LIMITING THE FOREGOING, ON SEMICONDUCTOR (AND ITS LICENSORS/SUPPLIERS) HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN RELATION TO THE CONTENT, ANY MODIFICATIONS, OR THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,INCLUDING WITHOUT LIMITATION ANY AND ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, TRADE USAGE, TRADE CUSTOM OR TRADE PRACTICE.

4. No Support Obligation. Licensee acknowledges and agrees that ON Semiconductor (and its licensors/suppliers) has no and shall have no obligation or responsibility whatsoever under this Agreement to provide to Licensee, Customers, or any third party, any maintenance, support or assistance ("Support"), including without limitation in relation to the Content, Software, Modifications or Licensee Products, and ON Semiconductor (and its licensors/suppliers) cannot and shall not be held liable or responsible to Licensee, Customers, or any third party for the failure to provide any such Support. However, during the term of this Agreement ON Semiconductor may from time-to-time in its sole discretion provide such Support to Licensee, and provision of same shall not create nor impose any future obligation on ON Semiconductor to provide any such Support. Such Support may include provision by ON Semiconductor to Licensee of updates and/or upgrades to the Content, which may include bug fixes and/or error corrections, and any such updates and/or upgrades to the Software provided by ON Semiconductor to Licensee shall be deemed and considered to be the Software hereunder and shall be governed by the terms and conditions of this Agreement. Licensee is and shall be solely responsible and liable for any Modifications and for any Licensee Products, and for testing the Software, Modifications and Licensee Products, and for testing and implementation of the functionality of the Software and Modifications with the Licensee Products.

5. Term and Termination.

5.1 Term. The term of this agreement is perpetual unless terminated by ON Semiconductor as set forth herein.

5.2 Termination by ON Semiconductor. ON Semiconductor shall have the right to terminate this Agreement upon written notice to Licensee if: (i) Licensee commits a material breach of this Agreement and does not cure or remedy such breach within thirty (30) days after receipt of written notice of such breach from ON Semiconductor; or (ii) Licensee uses the Software outside of the scope of the Agreement; or iii) Licensee becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors if such petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

5.3 Effect of Termination/Expiration. The following Sections of this Agreement shall survive the termination or expiration of this Agreement for any reason: 2.1(e), 2.2, 2.3, 2.4, 3, 4, 5, 7, 8, 9 and 10 (excluding only the record retention obligations and audit rights set forth in Section 11.6, which obligations and rights shall terminate upon termination of the Agreement). Any Content or Modifications distributed by Licensee to Customers pursuant to Section 2.1(b)(iii) of this Agreement prior to the effective date of such termination or expiration of this Agreement, shall not be effected solely by reason of such termination or expiration of this Agreement. Upon the effective date of termination of this Agreement, all licenses granted to Licensee hereunder shall terminate and Licensee shall cease all use, copying, modification and distribution of the Content and shall promptly either destroy or return to ON Semiconductor all copies of the Content in Licensee's possession or under Licensee's control. Within 30 days after the termination of the Agreement, Licensee shall furnish a statement certifying that all Content and related documentation have been destroyed or returned to ON Semiconductor.

6. Export. Licensee agrees that it shall comply fully with all relevant and applicable export laws and regulations of the United States or foreign governments ("Export Laws") to ensure that neither the Content, nor any direct product thereof is: (i) exported directly or indirectly, in violation of Export Laws; or (ii) intended to be used for any purposes prohibited by the Export Laws, including without limitation nuclear, chemical or biological weapons proliferation.

7. Limitation of Liability. ON SEMICONDUCTOR (AND ITS LICENSORS/SUPPLIERS) SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CIRCUMSTANCES OR ANY LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY LOST REVENUE OR PROFITS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE SOFTWARE, MODIFICATIONS, OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. ON SEMICONDUCTOR'S TOTAL LIABILITY FOR ANY AND ALL COSTS, DAMAGES, CLAIMS, INDEMNIFICABLE CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PRODUCTS SUPPLIED BY THIS AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY LICENSEE TO ON SEMICONDUCTOR FOR THE CONTENT TO WHICH LOSSES OR DAMAGES ARE CLAIMED.

8. Indemnification. Licensee acknowledges and agrees that Licensee is solely and wholly responsible and liable for any and all Modifications, Licensee Products, and any and all of Licensee's Products other products and/or services, including without limitation, with respect to the installation, manufacturing, testing, distribution, use, support and/or maintenance of any of the foregoing. Licensee shall, at Licensee's sole expense, defend, indemnify and hold harmless ON Semiconductor and its subsidiaries and affiliates from and against any and all claims, demands, suits, actions, and proceedings ("Claim(s)"), and all related damages, costs, and expenses (including reasonable attorneys fees), arising from, related to or in connection with Modifications, Licensee Products, and the Content in combination with Modifications and/or Licensee Products, including without limitation, in relation to product liability or infringement of third party rights. ON Semiconductor shall: (a) notify Licensee promptly upon learning of such a Claim; (b) give Licensee reasonable information and assistance regarding such Claim; and (c) tender to Licensee authority to direct the defense of such Claim, including negotiation of any settlement in relation thereto, provided however that Licensee shall not enter into any such settlement without ON Semiconductor's express prior written consent, which consent shall not be unreasonably withheld.

9. Publicity. Licensee agrees that it shall not issue any press releases containing, nor advertise, reference, reproduce, use or display, ON Semiconductor's name or any ON Semiconductor trademark without ON Semiconductor's express prior written consent in each instance; provided, however, that Licensee may indicate that the Licensee Product is interoperable with ON Semiconductor Products in product documentation and collateral material for the Licensee Product.

10. Performance Comparisons. Licensee shall not distribute externally or disclose to any Customer or to any third party any reports or statements that directly compare the speed, functionality or other performance results or characteristics of the Software with any similar third party products without the express prior written consent of ON Semiconductor in each instance; provided, however, that Licensee may disclose such reports or statements to Licensee's consultants (i) that have a need to have access to such reports or statements for purposes of the license grant of this Agreement, and (ii) that have entered into a written confidentiality agreement with Licensee no less restrictive than that certain NDA.

11. Miscellaneous.

11.1 Governing Law. This Agreement shall be governed by the laws of the State of New York, and applicable U.S. federal law, without giving effect to conflict of law or to choice of law principles, and excluding the 1980 United Nations Convention on Contracts for the International Sale of Goods, if applicable.

11.2 Assignment. Neither this Agreement, nor any of the rights or obligations herein, may be assigned or transferred by Licensee without the express prior written consent of ON Semiconductor, and any attempt to do so in violation of the foregoing shall be null and void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns.

11.3 Limitations on Use. The Software is not designed, developed, licensed or provided for use in connection with any nuclear facility, or in connection with the flight, navigation or communication of aircraft or ground support equipment, or in connection with military or medical equipment/applications or activities, or any other inherently dangerous or high risk equipment/applications or activities ("High Risk Use"). Licensee agrees that ON Semiconductor (and its licensors/suppliers) shall not be liable or responsible for any claims, losses, demands, costs, expenses or liabilities whatsoever arising from or in relation to any such High Risk Use of the Content, Software, Modifications or Licensee Products by Licensee or Customers.

11.4 Severability; Waiver. Any provision of this Agreement which is held to be invalid or unenforceable by a court in any jurisdiction shall, as to such jurisdiction, be severed from this Agreement and ineffective to the extent of such invalidity or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. Failure by either party hereto to enforce any term of this Agreement shall not be held a waiver of such term nor prevent enforcement of such term thereafter, unless and to the extent expressly set forth in a writing signed by the party charged with such waiver.

11.5 Remedies Not Exclusive. The remedies herein are not exclusive, but rather are cumulative and in addition to all other remedies available to ON Semiconductor.

11.6 Records; Audit. Licensee agrees that it shall maintain accurate and complete records relating to its activities under Section 2.1(b)(iii) of this Agreement during the term of this Agreement. Upon reasonable advance written notice, ON Semiconductor shall have the right no more frequently than once in any 12 month period during the term of the Agreement, through an independent third party approved by Licensee in writing (such approval not to be unreasonably withheld), to examine and audit such records and Licensee's compliance with the terms of Section 2.1(b)(iii) of this Agreement. Any such audit shall not interfere with the ordinary business operations of Licensee and shall be conducted at the expense of ON Semiconductor. All reports, documents, materials and other information collected or prepared during an audit shall be deemed to be the confidential information of Licensee ("Licensee Confidential Information"), and ON Semiconductor shall protect the confidentiality of all Licensee Confidential Information; provided that, such Licensee Confidential Information shall not be disclosed to any third parties with the sole exception of the independent third party auditor approved by Licensee in writing, and its permitted use shall be restricted to the purposes of the audit rights described in this Section 11.6.

11.7 No Joint Venture, Agency, etc. Nothing in this Agreement shall be construed as creating a joint venture, agency, partnership, trust or other similar association of any kind between the parties hereto. The parties hereto are for all purposes of this Agreement independent contractors, and neither shall hold itself out as having any authority to act as an agent or partner of the other party, or in any way bind or commit the other party to any obligations.

11.8 Interpretation. In this Agreement, words importing a singular number only shall include the plural and vice versa, and section numbers and headings are for convenience of reference only and shall not affect the construction or interpretation hereof.

11.9 Entire Agreement; Amendment; Counterparts; Facsimile Copies. This Agreement, including the Exhibits attached hereto, constitutes the entire agreement and understanding between the parties hereto regarding the subject matter hereof and supersedes all other agreements, understandings, promises, representations or discussions, written or oral, between the parties regarding the subject matter hereof. This Agreement may not be amended except in writing signed by an authorized representative of each of the parties hereto. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and which together shall constitute one and the same agreement. Each party hereto may deliver an executed copy of this Agreement to the other party via facsimile or other electronic means, and such executed copy(ies) sent/received via facsimile or other electronic means shall be deemed an original and binding copy.

12. Confidentiality. Notwithstanding any terms to the contrary in any non-disclosure agreements between the Parties, Licensee shall treat this Agreement and the Content as ON Semiconductor's "Confidential Information" including: not using the Confidential Information except as expressly set forth herein or otherwise authorized in writing; implementing reasonable procedures to prohibit the disclosure, unauthorized duplication, misuse or removal of the Confidential Information; and not disclosing the Confidential Information to any third party except as may be necessary and required in connection with the rights and obligations under this Agreement and subject to confidentiality obligations at least as protective as those set forth herein, or as otherwise required by law. It is expressly understood that all Confidential Information transferred hereunder, and all copies, modifications, and derivatives thereof, will remain the property of ON Semiconductor, and the Licensee is authorized to use those materials only in accordance with the terms and conditions of this Agreement. Upon termination of this Agreement or upon written request, License shall either return all Confidential Information to ON Semiconductor along with all copies and/or derivatives made, including that on computer databases and copies of portions of the Confidential Information, or destroy all such Confidential Information and certify by written memorandum that all such Confidential Information has been destroyed.

Nothing contained in this Agreement limits a party from filing a truthful complaint, or the party's ability to communicate directly to, or otherwise participate in either: (i) any investigation or proceeding with a United States government agency alleging a securities law violation, waste, fraud, or abuse; or (ii) an investigation or proceeding that is protected under a whistleblower provision of a U.S. federal law or regulation.

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