Privacy Policy

The website aerogel.com (the “Site”) and any smartphone software application (“Application”) are brought to you by Aspen Aerogels, Inc. (“Aspen,” “we,” “us,” or “our”). This privacy policy provides information about our policies and procedures regarding the collection, use and disclosure of personal information received through the Site and Application (the “Privacy Policy”). This Privacy Policy is incorporated into, and is part of, our Terms of Use, which govern your access to the Site. Unless otherwise defined herein, capitalized terms shall have the meaning assigned to such terms in the Terms of Use.

This Privacy Policy governs all the manners in which Aspen collects personal information directly from you. Whether you are a visitor to our Site, use our Application, request information or samples of our products, want to contact or be contacted by a dealer of our products, or any other communication with us (such as attendance at a conference or trade show), this Privacy Policy describes our use of personal information as what is known as a “data controller.”

From time to time we will need to update this Privacy Policy to reflect changes to our Site and Application, the way we operate, or to meet new legal and regulatory requirements. Unless we materially change the way in which we collect or use your personal information collected under prior versions of this Privacy Policy (in which case, we will attempt to notify you), the most current version of the Privacy Policy governs all our privacy practices.

This Privacy Policy was last updated on October 6, 2020.

If you have comments, suggestions, questions or concerns about our Privacy Policy, please contact us at privacy@aerogel.com

1. WHAT INFORMATION IS COLLECTED ON THE SITE

A. Information You Provide To Us. We collect certain personal information through the Site or Application when you (i) subscribe to our email list to receive our newsletter, (ii) download materials made available on the Site, or (iii) if you would like to be contacted by one of our technical representatives about technical/product questions, obtaining samples, or purchasing our products. This may include any of the following information: your first and last name, your company name and address, your email address, your company’s industry, your group type and job function, your area of interest, and any additional information you wish to provide in the open message field. You may also voluntarily provide us with your phone number if you choose to do so. You can also sign up for our email alerts by simply providing us with your email address. If you contact us by phone or email, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you.

We collect and use this personal information for our legitimate business interests to understand customer/potential customer feedback and to respond to requests for information and sales request. We will keep this information for as long as you have a relationship with us, or you do not have a relationship with us beyond the initial communication, for a reasonable length of time thereafter.

B. Information We Collect About Your Interaction with the Site. We also maintain a log of certain information concerning visitors to our Website, including but not limited to a visitor’s IP address (a computer’s numerical Internet address), the websites from which visitors access our Website, the type of web browsers used to access our Website, the device used to access our Website, and the pages viewed.Such information may be treated as personal information under certain applicable local law.We only use this type of information to understand how our Site is accessed and how it is used.
For more information regarding our use of cookies or other automated technologies on
the Site, see the section titled “COOKIES AND LOG DATA" below.

C. Direct Marketing. If we have collected your personal information through our Site or through other channels (such as if you have exchanged contact information with one of our sales representatives or partners, or have included your personal information in an event registration form or provided it to us at a trade show), and we have your permission to do so, we will use your personal information to inform you about our products and services. You can always choose to stop receiving newsletters or other communications from us by clicking the “unsubscribe” link at the bottom of a marketing message or by contacting us using the details at “HOW TO CONTACT US.” Please understand that if you choose not to receive promotional correspondence from us, we may still contact you in connection with your transactions and/or direct communications with us.

D. Social Media Sites. When you interact with our Site or Application through social media services, such as when you share Aspen content on Facebook, Twitter, or LinkedIn, we may receive information from these social media companies. The data we receive is dependent upon the social media service and your privacy settings with the social media service.


2. WHAT INFORMATION IS COLLECTED IN THE APPLICATION

A. Information You Enter Into The Application and From the Application. Any information you enter into the Application is captured by the Application and that information, along with the smartphone operating system or other associated system and some of that information may be shared with us or our affiliates and partners (including our resellers and distributors) in connection with providing products and services. The Application also collects information from your device, including unique device identifiers, IMEI address, and depending on your device settings, geolocation information.

B. Information You Expressly Send Us. Any information you enter in the Application, its Settings, including information you expressly transmit, such as your personally identifying information, location other technical information for the insulation requirements when you request for a quotation, will be used by us or our affiliates and partners to contact you in connection your evaluation, purchase and use of our products or services.


3. HOW THE INFORMATION COLLECTED ON THE SITE OR APPLICATION IS USED AND SHARED

A. How We Use Your Information. We may use the information we collect from and about you on the Site, through the Application or otherwise (collectively, “Information”) for any of the following purposes: (i) to operate and refine the Site or the Application; (ii) to respond to your requests and inquiries; (iii) to contact you and to communicate with you about our products and services; (iv) to notify you about important changes to the Site or Application, such as updates or revisions to this Privacy Policy, the Application’s End User License Agreement (EULA), or our Terms of Use, security announcements or other similar messages; (v) to review Site usage and operations and to improve the content and functionality of the Site; (vi) to provide you with information and materials about our products and services; (vii) to address problems with the Site; (viii) to protect the security or integrity of our Site, our customers, and our business, or (ix) to tailor the Site to your and other visitors’ needs. It is necessary for us to use your personal information in these manners in order to respond to requests or to provide the Site or Application.

B. How We Share Your Information. We may share personal information related to marketing with our affiliates and subsidiaries. For example, information from a local sales team may be provided to other marketing teams to send product and other promotional communications to you.

In some countries and regions, Aspen products are offered through resellers or distributors. When you request information about purchasing Aspen products, we will share the information that is necessary for our channel partners to promote our products and services to customers and potential customers. We also will share your personal information with one of our resellers or distributors in your area to follow up on your request. We do not have exclusive relationships with our reseller/distributor network
and you may be contacted by these entities for purposes other than Aspen products and services.If you do not wish to be contacted in the future, please inform the reseller/distributor.

We use service providers to help us provide the Site and Application and to perform work on our behalf. Where this requires access to any personal information, we are responsible for the privacy practices of our service providers. Our service providers are required to abide by our privacy and security instructions and are contractually restricted from using any personal information they access or receive from us for any purposes other than as needed to perform such services. We use service providers to help us

conduct marketing campaigns or events and, under such circumstances, disclose limited personal information necessary for those activities.

We may also share your personal information where required under the following circumstances:

•Where permitted by applicable law and by contracts with our customers, we may disclose your information in the course of a corporate transaction such as a merger, acquisition, sale of assets or a financing, or pursuant to a bankruptcy, dissolution proceeding or reorganization.

•We may need to disclose your personal information to comply with legal or regulatory requirements and to respond to lawful requests, court orders, and legal processes.

•We may need to disclose your information to protect and defend the rights, property, or safety of Aspen, our customers, or third parties, including enforcement of contracts or policies, or in connection with investigating and preventing fraud or misuse of our systems.

•We may disclose aggregated or anonymized information that is no longer associated with a person to enhance and promote the Aspen products and services.

4. WE USE A SERVICE PROVIDER TO HELP MANAGE OUR CAREERS PORTAL

We have partnered with a third party service provider to allow us to post job opportunities and collect information about interested candidates. When you sign up for job alerts or you apply for one or more of our job postings, please note that all information submitted by you on our Careers Portal is provided directly to our service provider, ADP, and is stored by ADP. Aspen will have access to all the information you provide directly to ADP. We encourage you to read ADP’s privacy policy by clicking the following link and other terms provided therein:

ADP’s Privacy Policy

5. SECURITY OF YOUR PERSONAL INFORMATION

We employ a variety of physical, administrative, and technological safeguards that are designed to protect personal information against loss, misuse, and unauthorized access or disclosure. Regardless of the precautions taken by us or by you, no data transmitted over the Internet or any other public network can be guaranteed to be 100% secure.

6. COOKIES AND LOG DATA; ANALYTICS PARTNERS

Our Site and Application use cookies to distinguish you from other users of our Site and/or Application, and to collect information about your online preferences.This helps us to provide you with a good experiences when you browse our Site or use our Application, and also allows us to help improve our Site and Application.

A cookie is a small file of letters and numbers that may be stored on your browser, your mobile device, or the hard drive of your computer, if you agree to allow these cookies to be placed. Our cookie banner displays on your visit to our Site, or the download of our Application, and you may choose to accept cookies at that point.

Most internet browsers are automatically set up to accept cookies. However, you can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. Please refer to the help and support area on your internet browser for instructions on how to block or delete cookies. However, if you use your browser settings to block all cookies (including functional cookies) you may not be able to access all or parts of our Site or use our Application.


Analytics/performance cookies. These are third-party cookies that collect information about how you use our Site and our Application. They allow us to recognize and count visitors and to see how visitors move around our Site when they are using it. They also allow us to improve our Site and our Application. These cookies are placed by our analytics providers: Google Analytics, Hubspot, Brave River Solutions, SoundCloud and Flipping Book Cloud. Google/YouTube does not allow users to set cookie preferences. For general information on how to opt-out of analytics/performance cookies, you can visit the Digital Advertising Alliance’s Consumer Choice website at http://www.aboutads.info/choices/

Targeting cookies. These cookies collect information about your browsing habits such as the pages you have visited and the links that you have followed.We will use this information to make our Site and our Application more relevant to your interests. They are also used to make advertising and marketing more relevant to you. These cookies are placed by our third-party customer relationship partner, HubSpot. For information on the cookies that HubSpot sets, please see here and see HubSpot’s Cookie Policy here.

For more information on managing cookies, please go to www.allaboutcookies.org, or visit www.youronlinechoices.com, which has further information about behavioral advertising and online privacy.

7. FOR USERS IN THE EUROPEAN ECONOMIC AREA, THE UNITED KINGDOM, AND SWITZERLAND

THIS SECTION ONLY APPLIES TO USERS OF OUR PRODUCTS AND SERVICES THAT ARE LOCATED IN THE EUROPEAN ECONOMIC AREA, THE UNITED KINGDOM, OR SWITZERLAND AT THE TIME OF DATA COLLECTION. WE MAY ASK YOU TO IDENTIFY WHICH COUNTRY YOU ARE LOCATED IN WHEN YOU USE SOME OF OUR PRODUCTS OR SERVICES, OR WE MAY RELY ON YOUR IP ADDRESS OR DEVICE IDENTIFIER TO IDENTIFY YOUR COUNTRY LOCATION.


If you are a resident of the EEA, the United Kingdom, or Switzerland, you have certain rights regarding our use of your personal information as collected under this Privacy Policy.

Some of these rights, e.g., the right to be forgotten or the right to request that we transfer your information to another company, will only apply in certain circumstances. Generally, these rights will not be available if there are outstanding contracts between us, if we are required by law to keep the information or if the information is relevant to a legal dispute.

We have listed the rights you have over your personal information and how you can use them below. These rights are subject to restrictions under European data protection law and, subject to the exemptions in that law, may only apply to certain types of information or processing.

1.We need your consent for some of the ways we use your personal information, e.g., for marketing or processing special categories of information about you. You can remove that consent at any time.
2.You can ask us to confirm if we are processing your personal information and if we are, you can ask for access to that information and details regarding
a. why we are using your information;
b. what information are we using;
c. who we have shared the information with;
d. the period for which your information will be stored, or how we determine that period;
e. your right to object to our processing of your information, your right to have your information erased or the processing of your information restricted;
f. your right to lodge a complaint with a data protection supervisory authority;
g. the source of your information where it has not been provided by you;
h. the existence of any automated decision-making processes using your data or any profiling;
i. the transfers of your information to countries outside of EEA and the safeguards in place; and
j. your right to a copy of the information about you which is being processed by us.
3.You can ask us to correct your information if it is wrong.
4.You can ask us to delete some of your information.
5.You can ask us to restrict how we use your information.
6.You can ask us to help you move some of your information to other companies.
7.You have a right to ask that we provide your information in an easily readable format to another company.
8.You can ask us to stop using your information, but only in certain cases.
9.You have the right to complain to the relevant supervisory authority.

You also have a right to object to us processing your information in certain circumstances. You can ask us to stop processing your information at any time. In certain circumstances, we may not be able to do this or may not be required to do this. For example, if there are outstanding contracts between us, if we required by law to keep the information or if the information is relevant to a legal dispute then we may not stop processing your information.

If you reside or are located in the EEA, the United Kingdom, or Switzerland, we keep your personal information for no longer than necessary for the purposes for which that personal information was obtained or processed. The length of time we retain personal information depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.

If you would like to exercise, or discuss, any of these rights, please contact us at privacy@aerogel.com.

Transfer of Information Outside EEA, United Kingdom, or Switzerland

We may store your personal information on cloud servers located in the United States and it is processed by us or our service providers in the United States, or other countries outside the EEA, United Kingdom, or Switzerland. . In addition, we use suppliers in the United States that support the provision of our services. We utilize standard contractual clauses (SCCs) approved by the European Commission in compliance with data protection laws. You can contact us if you would like to receive more information on the measures we have taken to safeguard your information.

8. LINKS TO OTHER SITES

Our Site may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. Please be aware that the terms of our Privacy Policy do not apply to these third-party websites.

9. CHILDREN UNDER THE AGE OF 13

This Site is not intended for, or designed to attract, children under the age of 13 and as such, we do not intentionally gather information from individuals who are under the age of 13. Upon notification that a child under the age of 13 has provided us with personally identifiable information, we will delete the child’s personally identifiable information from our records.

10. CALIFORNIA USERS/VISITORS

California Civil Code Section 1798.83 (the “Shine the Light” Act) permits users who are California residents and who have provided us with "personal information" (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. We do not sell, rent, or otherwise share your information with any third-party for their own direct marketing purposes.
Our Site does not currently recognize and process “do not track” signals from different
web browsers. For more information on “do not track,” please visit www.allaboutdnt.org.

If you are a resident of California, this section applies to you and supplements the Privacy Policy. This notice is intended to provide certain information to you as required by the California Consumer Privacy Act of 2018 (“CCPA”).

This notice applies to information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers (“personal information”). Personal information does not include publicly available information and certain other information that is regulated by other applicable laws.

Your rights
Right to know


You have the right to request that we disclose certain information to you about our collection of your personal information. Upon our receipt of your verified request, we will provide you with:
• The categories of personal information we have collected about you.
• The categories of sources from which we have collected your personal information.
• Our business or commercial purpose for collecting or selling your personal information.
• The categories of third parties with whom we have shared your personal information.

• The specific pieces of personal information we have collected about you.
•You have the right to request that we disclose certain information to you about our disclosures and sales of your personal information. Upon our receipt of your verified request, we will provide you with:
•The categories of personal information we have collected from you.
•The categories of personal information we have sold about you and the categories of third parties to whom we sold such information, by category or categories of personal information for each third party to whom the personal information was sold.
•The categories of personal information that we disclosed about you for a business purpose.

Right to opt-out
We do not sell your personal information; however, we are required to let you know that you have the right to opt-out of the sale of your personal information if we ever engage in such activity.

Right to delete
You have the right at any time to request that we delete your personal information.

Right to nondiscrimination
We will not discriminate against you for exercising your rights under the CCPA, such as denying you products and services, charging you different rates or prices including use of discounts or penalties, or suggesting or providing a different level of service or quality of products to you. However, we may charge a different price or provide a different level or quality of products and services only if the price or difference is directly related to the value provided to you by your personal information.

We may offer you financial incentives, including payments to you as compensation, for collecting, selling, or deleting your personal information. We also may offer a different price, rate, level, or quality of goods or services to the consumer if that price or difference is directly related to the value provided to you by your data.

Contact
To submit a request to exercise any of your rights, please contact us at privacy@aerogel.com and add “CCPA REQUEST” in the subject line. We will evaluate the request and take action where required to do so. You may also submit your request via our toll-free phone number at 1-888-481-5058.

We will endeavor to respond to your request as soon as we can. If we are not able to respond to your request within 45 days, we will let you know that we may require additional time (up to 90 total days).

We are not able to respond to more than one “Right to Know” request from a California resident in any 12-month period.

11. CANADIAN USERS/VISITORS
Canadian citizens, except under circumstances defined by law, are entitled to access their own personal information collected by Aspen by writing to: Aspen Aerogels, Inc.,
30 Forbes Road, Building B, Northborough, MA 01532 United States. We may ask you to pay an administrative fee for accessing or copying your personal information, but will inform you of the anticipated charges and confirm that you want us to proceed before processing your request. If you believe that the personal information about you that we have collected is incomplete or inaccurate, we will correct the information upon verification of the omission or error and of the identity of the person requesting the change. If you wish to request additional information about our information management, or would like us to access, correct or have us investigate any matters in relation to your personal information, please contact us.

12. NOTICE TO VISITORS OUTSIDE OF THE UNITED STATES
Your personal information may be stored and processed in any country in which we engage service providers, including to countries outside of the location(s) of your business, such as the United States and countries within Europe, Latin America and the Asia-Pacific region. Where such transfers of your personal information are made they will be made in accordance with applicable law.

13. HOW TO CONTACT US If you have any questions about our Privacy Policy, please contact us by one of the following options: By e-mail: privacy@aerogel.com By phone: 1-888-481-5058 or 1-508-691-1111  By mail: Aspen Aerogels, Inc., 30 Forbes Road, Building B, Northborough, MA 01532 United States.