W. R. Grace & Co. Enriching Lives, Everywhere.®

Safe Harbor Policy

The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EEA to the United States (the “U.S. - EU Safe Harbor”). The EEA also has recognized the U.S. – EU Safe Harbor as providing adequate data protection. The United States Department of Commerce and the Federal Data Protection Information Commissioner (FDPIC) of Switzerland have agreed on a similar set of principles and frequently asked questions to enable U.S. companies to satisfy the requirement under Swiss law that adequate protection be given to personal information transferred from Switzerland to the United States (the “U.S. – Swiss Safe Harbor”). Consistent with its commitment to protect personal privacy, Grace adheres to the principles set forth in the U. S. – EU Safe Harbor and the U.S. – Swiss Safe Harbor (the “Safe Harbor Principles”).

Purpose and Scope

W. R. Grace & Co. and its subsidiaries and affiliates (hereinafter, collectively “Grace” or the “Company”) are committed to protecting the privacy of our employees, customers, business partners and others. Not only does Grace strive to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business, but it also has a tradition of upholding the highest ethical standards in its business practices. This Safe Harbor Privacy Policy (the “Privacy Policy”) sets forth the privacy principles that Grace follows with respect to transfers of personal information from the European Economic Area (EEA) (which includes the twenty-seven member states of the European Union (EU) plus Iceland, Liechtenstein and Norway) and from Switzerland to the United States.

This Privacy Policy describes Grace’s practices for implementing the Safe Harbor Principles, and applies to all personal information received by the Company in the U.S. from the EEA and from Switzerland, in any format. For the purpose of this Policy, “personal information,” means any information or set of information that identifies or could be used by or on behalf of Grace to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public information.

Privacy Principles

Grace has adopted the seven Safe Harbor principles of notice, choice, onward transfer (transfer to third parties), access, security, data integrity and enforcement with respect to personal information to be transferred to Grace Operations in the U.S. from the EEA and from Switzerland.

NOTICE: Where Grace collects personal information directly from the EEA or Switzerland, it will inform individuals about the purposes for which it collects and uses personal information about them, the types of non-agent third parties to which Grace discloses that information, and the choices and means, if any, Grace offers them for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Grace, or as soon as practicable thereafter, and each time Grace uses the information for a purpose other than that for which it was originally collected.

Grace receives employee personal information for business purposes in connection with the management and administration of pre-employment, employment and post-employment matters, such as i) matters relating to day-to-day business operations, job functions, compensation, employee benefits, performance assessments and training, ii) offering services and benefits to employees, iii) maintaining contact with current and former employees, and iv) compliance with our legal obligations. Employees located in the EEA or Switzerland should contact their local human resources manager to ask questions or obtain additional information about our practices with respect to personal information.

CHOICE: Grace will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

For sensitive personal information, defined as personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life, Grace will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

Grace will provide individuals with reasonable mechanisms to exercise their choices.

ONWARD TRANSFER (TRANSFERS TO AGENTS): Grace will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding. Where Grace has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Grace will take reasonable steps to prevent or stop the use or disclosure.

For the purposes of this Policy, “agent” means any third party that collects or uses personal information under the instructions of, and solely for Grace or to which Grace discloses personal information for use on Grace’s behalf.

ACCESS AND CORRECTION: Upon request, Grace will grant individuals reasonable access to personal information that it holds about them. In addition, Grace will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.

SECURITY: Grace will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

DATA INTEGRITY: Grace will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Grace will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.

ENFORCEMENT: Grace will conduct annual compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Grace determines is in violation of this policy will be subject to disciplinary action up to and including discharge from employment.

DISPUTE RESOLUTION: Employees located in the EEA should forward any complaints or disputes regarding personal data protection to their local HR representatives. All other questions or concerns regarding the use or disclosure of personal information should be directed to Grace Privacy Counsel at the address given below.

Grace will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between Grace and the individual complainant, Grace commits to cooperate with the European Data Protection Authorities (for personal information received from the EEA) and the Swiss FDPIC (for information received from Switzerland) and comply with any advice given by them.

Responsibilities and Contact Information

Questions or comments regarding this Policy should be submitted to Grace Privacy Counsel by mail or e-mail as follows:

      Dori Anne Kuchinsky
      Global Privacy Counsel
      W. R. Grace & Co. – Conn.
      7500 Grace Drive
      Columbia, MD 21044

      Dori.Kuchinsky@Grace.com

In implementing this policy, Grace agrees to annually self-certify to the U.S. Department of Commerce that it will adhere to the Safe Harbor Principles.

Changes to this Safe Harbor Privacy Policy

This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. Appropriate public notice will be given concerning such amendment.

We self-certify compliance with:

For more information on safe harbor, please see http://www.export.gov/safeharbor/