Safe Harbor Policy

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 and safeguarding their personal information. Due to the global nature of Grace’s business, transfers of employee personal information, defined below, across national boundaries may occur. As a result, Grace has adopted this Safe Harbor Privacy Policy (the “Privacy Policy”) and adheres to the Safe Harbor Principles with respect to employee personal information transferred from the EU to the U.S.

This Privacy Policy describes our practices for implementing the Safe Harbor Principles, and applies to all EU employee personal information received by Grace in the U.S. from the EU via a transmission in any format. For the purpose of this Policy, “personal information,” is data about an identified or identifiable EU based employee that is collected in the context of the employment relationship and received by Grace in the U.S. from the EU and recorded in any form.

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 employee personal information to be transferred to the U.S. from Grace Operations in the EU.

NOTICE: 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.

Where Grace collects personal information directly from its employees in the EU, it will inform them 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 employees 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.

Employees located in the EU 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 employees 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 employee.

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 employees 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 employee.

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.

ACCESS AND CORRECTION: Upon request, Grace will grant employees reasonable access to personal information that it holds about them. In addition, Grace will take reasonable steps to permit individual employees 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 employee. 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 for a first offense.

DISPUTE RESOLUTION: Employees located in the EU 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 Compliance 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 employee complainant, Grace commits to cooperate with the European Data Protection Authorities and comply with any advice given by them.

Responsibilities and Contact Information

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

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 amendments.

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