Legal

Policies

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REVISED AND EFFECTIVE FOR ALL ORDERS ACCEPTED ON AND AFTER 13 SEPTEMBER 2024

Terms and Conditions of Sale - Manufacturing

QUOTES AND ORDERS ARE SUBJECT TO THE SAMTEC TERMS AND CONDITIONS OF SALE BELOW.

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1. Controlling Provisions

The terms and conditions in this agreement (“Agreement”) shall supersede any and all provisions, terms and conditions contained in or on any RFQ, purchase order, confirmation order, or other correspondence or documents ("Buyer's Documents") of the party submitting an order or request for quotation ("Buyer"), and Samtec, Inc. ("Seller") expressly rejects any such terms of Buyer. The rights of the parties shall be governed exclusively by the terms and conditions of this Agreement applicable at the time of Seller's acceptance of Buyer's purchase order. The terms of this Agreement may not be modified except in a writing signed by both Buyer and Seller. Seller makes no representations or warranties covering this order except as expressly contained herein.

Seller manufactures catalog products (“Products”) built to Seller's standards and requirements. A customer's specific requirements and standards shall not be applicable unless they are added into and fully represented in Seller's drawings by agreement of Seller. Notes in Buyer's Documents stating or requesting anything to the contrary of what is identified in Seller's drawings are nullified.

2. Freight and Delivery

Prices are based on freight terms Ex Works (EXW) Seller's named manufacturing facility per Incoterms 2010. Delivery of Products to the common carrier or licensed trucker shall constitute delivery to Buyer. Title and risk of loss or damage in transit shall transfer to Buyer upon delivery. Unless otherwise agreed by the parties, the cost of shipping will be prepaid and added to the invoice.

3. Price Changes

Prices are based on the total release quantity used for the Quote. All prices are subject to adjustment by Seller on July 1st and January 1st each year, or at any other time upon notice (“Price Adjustment Dates”). All open backlog and unshipped orders that are not scheduled to ship within ninety (90) days beyond the Price Adjustment Date (and within normal lead times) shall be adjusted to the new Price automatically. Delays solely caused by the Seller shall not affect Buyer's pricing. This section does not apply in the event that the Quote contains different pricing terms.

4. Order Cancellations, Pushouts, and Returns

Order cancellation and reschedule requests must be submitted in writing and approved by Seller. Seller may consider several factors in reviewing such requests, including, but not limited to, whether (i) production has already commenced; (ii) custom materials are used in production which cannot be used for other open orders; and (iii) standard materials have been purchased by Seller in volumes that exceed what is able to be applied to other open orders. Cancellation charges may apply if custom materials have been purchased, particularly for orders including Application Specific Products (ASP), High Data Rage (HDR) Cable Products, and Optical Cable Products (OTP); or if standard material volumes required for the order limit Seller's ability to reasonably absorb cancellation costs. Modifications in schedule made by Seller will not affect customer pricing.

Buyer may not return any Products without Seller's written consent. A Return Material Authorization form provided by Seller is required for any Product returned to Seller, and returns may be subject to a processing fee.

Claims related to shortages, delays, or failures in shipment or delivery, or for any other cause other than as provided in the Express Limited Product Warranty set forth below shall be deemed waived and released by Buyer unless submitted to Seller in writing within twenty-one (21) days after the delivery of the Product.

5. Surcharges

A surcharge in an amount equal to fifteen percent (15%) of the Price will be added to each invoice for all Products with China as the country of origin and for which Samtec is the importer of record responsible for the payment of tariffs.

6. Payment Terms and Credit

Invoice payment terms shall be net 30 days from the date of the invoice. All amounts due shall be paid in U.S. dollars unless otherwise agreed by Seller. Seller shall have the continuing right to approve Buyer's credit and payment terms and may, at any time, demand advance payment or satisfactory security, such as, but not limited to, a confirmed, irrevocable letter of credit (in a form acceptable to Seller) or a written guarantee of prompt payment. Seller reserves the right at any time to revoke any credit extended to Buyer.

7. Taxes

Prices for Products specified herein are exclusive of all city, state and federal excise taxes, including, but without limiting the generality of the foregoing, taxes on manufacture, sales, receipts, gross income, occupation, use, and similar taxes. Buyer shall be responsible for payment of any applicable sales and/or excise taxes arising from the purchase of Products from Seller.

8. Force Majeure

Performance of orders and contracts, and delivery and shipment of Products are subject to, and contingent upon, delay directly or indirectly caused by, or in any manner arising from, fires, floods, accidents, riots, acts of God, war, acts of terrorism, pandemic, government interference, embargoes, priorities, regulations, orders and restrictions, strikes, labor difficulties, shortages of labor, fuel, power, materials or supplies, transportation delays, Seller's production schedules, or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified) beyond Seller's control and Seller shall not be liable for any loss or damage suffered by Buyer arising therefrom.

Seller shall have the right, in the event of any of the above contingencies, at its option, to cancel any purchase order or contract or any part thereof without any resulting liability.

9. Partial Shipments

All shipments by Seller may be up to 10% over the exact quantity ordered by Buyer. Seller will not charge Buyer for such overage. Seller reserves the right to make delivery in installments. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Seller reserves the right to add freight costs to any invoice for partial shipments that are made pursuant to the request of Buyer to the extent not already covered in Seller's quotation.

Delay in delivery of any installment shall not relieve Buyer of its obligation to accept remaining deliveries.

10. Privacy

Seller, and its affiliates and subsidiaries, collect and retain personal data relating to our customers. Seller is committed to being transparent about how we collect and use your data and also to meeting our data protection obligations. Personal data will be processed only as necessary for business related purposes and to address legal requirements.

By executing a quote or submitting a purchase order to Seller, Buyer consents to Seller's Privacy Notice.

Any questions or specific requests related to Seller's processing of personal data should be directed to privacy@samtec.com.

11. Automotive

If Buyer uses Seller's Products which do not have either (i) an ACD part number, or (ii) a part number which has an "A-" prefix (ex. "A- ###-##-##..."), in or for the automotive industry or in other applications having specific requirements, then Buyer agrees it shall not use these Products in automotive scorecard evaluations and agrees to waive Seller's obligations under IATF 16949 or any customer specific requirements. Refer to Seller's Quality page for details.

12. Express Limited Product Warranty

Seller warrants to Buyer for a period of (a) six (6) months from the date of delivery of Products to Buyer, or (b) in the case of optical Products, one (1) year from the date of delivery to Buyer (such period, the “Warranty Period”) that subject to Seller's published tolerances (i) the Products shall conform to the Seller's specifications for the Products as of the date of delivery of the Products to Buyer, and (ii) the Products shall be free from material defects in materials and manufacturing.

Seller's sole liability in the event that any Products do not conform to the foregoing warranties during the Warranty Period as confirmed by Seller shall be, at Seller's option, to replace or repair such nonconforming Products to a condition as warranted, or if such Product cannot be repaired or replaced, to refund Buyer for the purchase price thereof. Seller may request that Buyer return samples of alleged nonconforming Products in order to assist Seller in confirming such nonconformance as a condition of Seller's performance of its obligations under this limited warranty. The foregoing warranties shall not apply to any Products which fail as a result of (i) any modification made by Buyer or its customer, (ii) improper degree of care in handling or damage caused by anyone other than Seller, or (iii) use or installation in any manner or application not approved by Seller. In addition, in no event will Seller be responsible for any claims or costs related to labor, rework, transportation, or other expense incurred by Buyer without prior written approval from Seller.

13. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS OR ANY COMPONENTS. SELLER DOES NOT WARRANT OR GUARANTEE ANY TECHNICAL ADVICE GIVEN BY IT IN CONNECTION WITH THE INSTALLATION OR THE USE OF PRODUCTS SOLD HEREUNDER. ANY SUCH ADVICE IS PROVIDED BY SELLER WITH NO WARRANTY. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR LOSS OF USE) ARISING OUT OF ANY PRODUCT OR SERVICE PROVIDED UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE THEORY BE BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY. ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF DESIGN, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

14. Limitation of Liability

IN NO EVENT WILL SELLER BE LIABLE TO BUYER OR TO ANY THIRD PARTIES FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS AND/OR COMPONENTS, LOST PROFITS, LOSS OF USE, LOSS OF DATA, INSTALLATION COSTS OR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR RELATED TO ANY PRODUCTS, REGARDLESS OF WHETHER THE THEORY BE BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SELLER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT WILL SELLER'S TOTAL LIABILITY UNDER ANY PURCHASE ORDER EXCEED THE TOTAL VALUE OF SUCH PURCHASE ORDER.

15. Intellectual Property Ownership, Licensing, and Indemnification

The provision of Products pursuant to a Quotation and/or purchase order does not convey any express or implied license under any patent, copyright, trademark, trade secret or other proprietary rights owned or controlled by Seller. Seller owns all intellectual property rights in any technology, products and information developed by Seller and any improvements or modifications made to any Seller technology, products and information by Seller or Buyer. Buyer agrees to not infringe, directly or indirectly, any intellectual property rights of Seller. Buyer agrees to defend, protect, indemnify and hold harmless Seller against all suits at law or in equity and from all damages, claims, and demands for actual or alleged infringement of an United States or non-United States patent and costs and fees to defend any suit or actions which may be brought against Seller for any alleged infringement resulting from Buyer's: (a) use of Product(s) in combination with any other products not provided by Seller, (b) any alteration or modification of the Products(s) not undertaken or authorized by Seller, or (c) Seller's compliance with Buyer's specifications.

16. Charges Related to Changes in Specifications, Drawings, and Tooling

All additional expense to Seller due to changes in specifications or drawings which have been approved by Seller and for any Products furnished in addition to that herein specified shall be added to the purchase price and paid by Buyer. Where tooling and/or engineering charges are quoted, such tooling shall be the property of Seller even if any charge applies for such tooling. For the avoidance of doubt, payment by Buyer of any charge related to tooling shall not vest any right or title in such tooling in Buyer. Seller reserves the right to use any tooling procured or designed in whole or part by Seller to fulfill orders for any customer.

17. Insurance

Seller shall maintain insurance coverage as required by applicable law.

18. Export Compliance

Buyer hereby agrees to comply fully with all applicable U.S., E.U. and other sanctions and export control laws and regulations, including without limitation those regulations maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), U.S. Department of State's Directorate of Defense Trade Controls (“DDTC”), and the U.S. Commerce Department's Bureau of Industry and Security (“BIS”). Specifically, Buyer covenants that it shall not -- directly or indirectly -- sell, provide, export, re-export, transfer, divert, loan, lease, consign, or otherwise dispose of any product, services, software, source code, or technology received from Seller under this Agreement to any person, entity, or destination, or for any activity or use prohibited by the laws or regulations of the United States without obtaining prior authorization from the competent government authorities, including but not limited to OFAC, DDTC, and/or BIS.

To the extent required under U.S. law, Buyer further covenants to screen all customers and business partners against all relevant U.S., EU and Canadian government lists of persons denied export privileges or otherwise subject to trade, export, or financial sanctions, including without limitation the OFAC list of Specially Designated Nationals, the BIS Denied Persons List and Entity List, the U.S. State Department Denied Persons List, the Treasury Board of Canada Denied List, and the EU Consolidated List before providing or agreeing to provide any Products to any person.

Buyer shall be responsible for obtaining and paying for any permits, licenses, or other governmental authorization(s) necessary for the importation of any goods into the designated country of importation, and it shall comply with all laws and regulations thereof.

Buyer acknowledges that it is not the agent of Seller and represents and warrants that it has not and covenants that it will not pay anything of value to any government official in connection with the resale of any goods.

19. Default

Buyer shall be deemed in material default upon its: failure to pay any amounts when due, revocation of Buyer's credit as provided in this Agreement, seeking to cancel delivery or refusing delivery of ordered Products other than as specifically allowed hereunder, or otherwise failing to perform any of its obligations hereunder. In the event of a material default by Buyer, Seller may, upon written notice: (a) suspend its performance and withhold shipments in whole or in part; (b) terminate this Agreement; (c) declare all sums owing to Seller immediately due and payable; and/or (d) stop or recall Products in transit, retake the same and repossess any Products held for Buyer without the necessity of other proceedings and Buyer agrees that all Products so recalled, taken or repossessed shall be the property of Seller, provided that Buyer is given credit therefor. Application of any remedies hereunder shall not preclude, limit or waive any other remedies available to the Seller in law or equity. In the event of default in payment of the purchase price, Buyer agrees to pay Seller's reasonable attorney fees and costs incurred in Seller's enforcement thereof.

20. Existing NDA

If Seller and Buyer have previously entered into a non-disclosure agreement (“NDA”), the NDA shall be deemed incorporated herein by reference and shall remain in full force and effect. In the event of any conflict between this Agreement and the NDA, the terms of this Agreement shall control.

21. Governing Law

All questions concerning the validity, operation, interpretation, and construction of this Agreement shall be governed by and determined in accordance with the laws of the State of Indiana, with exclusive jurisdiction in courts located in Floyd County, Indiana, USA, without regard or application of any conflict of law principles and/or the United Nations Convention on Contracts for the International Sale of Goods.

22. The Following Additional Terms Are Applicable to All Quotations/Orders with Samtec Microelectronics ("SME") Only

LOT DEFINITION - A "lot" is defined as identical individual parts from Seller and/or Buyer for which Seller's microelectronics division (“SME”) has received accurate and final lot documentation. The Lot is processed at one time, using identical assembly processes and materials (including machine programming). Acceptable Lots must have standard bondable metallization and be free from oxidation or other contaminants which may adversely affect assembly processing. Assembly performed by SME's trained personnel does not require special engineering, fixturing, chemistries, or special handling for the Lot other than as specified in final Lot documentation. Any deviations from written requirements in the RFQ, and/or this quotation, or final Lot documentation, may result in changes in the quoted price at SME's sole discretion. This quotation, including pricing, may be cancelled by SME if Buyer requests to change final lot documentation, or if the Lot cannot be processed at one time using identical parts, assembly processes, and materials.

TURN TIME - “Turn Time” refers to the time required for Seller to assemble a Lot. Turn Time begins when all parts, final lot documentation, and Buyer's purchase order have been received by SME and logged into SME's production control system. A Turn Time "day", as referenced in any SME quotation, is defined as "24-hour business days" unless otherwise noted.

ASSEMBLY MATERIALS - Quotations are based on SME's standard assembly materials. Any non-standard assembly material(s) requested by Buyer must be approved by SME. Approved non-standard assembly materials will either (a) be Buyer's responsibility to provide to SME, or (b) be quoted separately and acquired by SME. Any such assembly materials provided by Buyer or another party on behalf of Buyer shall not be warranted by Seller, and Buyer shall have no claims for any nonconformance of such materials under Seller's limited warranty set out herein.

YIELD - SME cannot guarantee any particular Lot yield. As a result, SME recommends that Buyer order a quantity greater than the minimum quantity required by Buyer. Invoicing is based on the quantity quoted by SME.

Revision: 13 September 2024

Samtec Teraspeed Consulting

Standard Terms and Conditions for Teraspeed Consulting Services

Controlling Provisions

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The terms and conditions set out herein (“Terms”) shall supersede any and all provisions, terms and conditions contained in or on any RFQ, purchase order, confirmation order, or other correspondence or documents ("Client's Documents") of the party submitting an order or request for quotation ("Client"), and Samtec, Inc., which may do business as Teraspeed Consulting ("Samtec"), expressly rejects any such terms of Client. The rights of the parties shall be governed exclusively by the Terms applicable at the time of Samtec's acceptance of Client's purchase order. The Terms may not be modified except in a writing signed by both Client and Samtec. Samtec makes no representations or warranties covering this order or any Quotation except as expressly contained herein.

Nondisclosure Agreement

Prior to commencement of work under any Quotation or purchase order, Client and Samtec shall execute a confidentiality or nondisclosure agreement (“NDA”). The NDA shall be deemed incorporated herein by reference and remain in effect for the term set out in the NDA or until the work under these Terms is complete, whichever is longer. Any conflict between these Terms and the NDA shall be controlled by these Terms.

Initiation of Work

Work will be scheduled promptly after the date of Samtec's receipt of (i) a signed original of a quotation issued by Samtec (the quotation from Samtec together with all attachments, including without limitation these Terms and the Samtec project proposal, is the "Quotation"), (ii) Client's valid purchase order number, and (iii) if required by the Quotation, payment of the engagement fee (all such documents collectively referred to herein as the "Agreement"). The engagement fee will be credited to payment of the final invoice due under the Quotation. The work to be performed, and any associated materials or tangible items provided, by Samtec shall be referred to as the “Deliverables”.

Taxes and Expenses

The fees set out in the Quotation are exclusive of all applicable local, state and federal excise taxes, including, but without limiting the generality of the foregoing, taxes on manufacture, sales, receipts, gross income, occupation, use, and similar taxes. Client will pay all taxes, duties and fees due to any governmental agency or entity, except for taxes on Samtec's income or revenue. Further, all project materials, including without limitation any subcontracted manufacturing required, will be procured at Client's expense and invoiced at cost plus ten percent (10%).

Payment Terms

Invoice payment terms shall be Net thirty (30) days from invoice date unless otherwise agreed upon in writing by Samtec and Client. Samtec reserves the right at any time to revoke any credit extended to Client because of Client's failure to pay any invoice when due or for any other reason deemed good and sufficient by Samtec, and in such event all subsequent invoices shall be due on receipt.

Termination

Either party may terminate this Agreement at any time, without cause, on fourteen (14) days' written notice to the other party. Either party may terminate this Agreement immediately due to any material breach by the other party that remains uncured five (5) business days after receipt of written notice from the non-breaching party.

Consequences of Termination

On expiration or termination of this Agreement, Samtec will invoice Client for time, materials, expenses and all other costs arising through the date of termination. Client will pay Samtec's final invoice not later than thirty (30) days from the date of termination. In addition, upon request of the disclosing party, the receiving party will promptly return all confidential information provided by the disclosing party during the term of the Agreement.

Warranty Disclaimer

SAMTEC MAKES NO WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. ANY PRODUCTS OR SERVICES PROVIDED BY A THIRD PARTY ARE WARRANTED ONLY TO THE EXTENT OF ANY WARRANTY PROVIDED BY SUCH THIRD PARTY, AND ONLY TO THE EXTENT SUCH THIRD PARTY WARRANTY IS ABLE TO BE ASSIGNED. IN ADDITION, SAMTEC EXPRESSLY DISCLAIMS ANY WARRANTY OBLIGATIONS IN THE EVENT OF ANY FAILURE OR NONCONFORMANCE OF ANY DELIVERABLES THAT RESULTS FROM CAUSES BEYOND THE CONTROL OF SAMTEC, INCLUDING, BUT NOT LIMITED TO, WHERE THE DELIVERABLES ARE (I) MODIFIED BY ANYONE OTHER THAN SAMTEC; OR (II) IMPROPERLY HANDLED, USED OR INSTALLED BY ANYONE OTHER THAN SAMTEC.

Indemnification

Client will indemnify and hold harmless Samtec, its owners, employees, managers, officers, agents, affiliates, subsidiaries, successors and assigns from any damage, loss, claim, demand, action, liability and expense (including attorneys' fees, court fees, expert fees and other legal costs) resulting from, arising out of or related to the manufacture, sale, use, lease, consumption or advertisement by Client, its affiliates, agents, customers and end users of products, processes or services resulting from, arising out of or related to the performance of Samtec's Deliverables.

Limitation of Liability

Client will not use the Deliverables for or in products for which errors, bugs or malfunctions could cause personal injury or death, property or environmental damages, or economic loss, including without limitation use in hazardous environments requiring fail-safe performance, the operation of nuclear facilities, aircraft navigation or communications systems, direct life support machines, or weapons systems. Client will be solely responsible for taking security precautions necessary to ensure that errors, bugs or malfunctions in the Deliverables do not cause adverse consequences. SAMTEC WILL HAVE NO LIABILITY FOR ACTIONS CONNECTED WITH, ARISING OUT OF, OR RELATED TO THIS AGREEMENT UNLESS DAMAGES FINALLY AWARDED BY A COURT OF COMPETENT JURISDICTION ARE SPECIFICALLY AND DIRECTLY ATTRIBUTED TO SAMTEC'S WILLFUL MISCONDUCT. IN NO EVENT WILL SAMTEC'S TOTAL CUMULATIVE LIABILITY TO CLIENT FOR ALL DAMAGES, COSTS, CLAIMS, OR DEMANDS UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID TO SAMTEC BY CLIENT UNDER THE APPLICABLE QUOTATION OR PURCHASE ORDER DURING THE THREE MONTHS PRIOR TO THE TIME THE ACTION ARISES, REGARDLESS OF THE FORM OR TYPE OF LEGAL ACTION.

Consequential Damages Waiver

SAMTEC SHALL NOT BE LIABLE TO CLIENT FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THE DELIVERABLES, THE QUOTATION, OR USE OF THE SAMTEC TECHNOLOGY OR ANY DELIVERABLE IN WHOLE OR IN PART, OR FOR THE LOSS OF DATA, INFORMATION OF ANY KIND, BUSINESS, PROFITS, OR OTHER COMMERCIAL LOSS, HOWEVER CAUSED, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SAMTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Ownership and License of Intellectual Property

The provision of Deliverables pursuant to the Quotation does not convey any express or implied license under any patent, copyright, trademark or other proprietary rights owned or controlled by Samtec. All confidential, proprietary, and trade secret information and data obtained by Client or its employees or agents from Samtec will be and will remain Samtec's and/or its affiliates' and/or suppliers' exclusive property and is subject to the protections set out in the NDA. Client agrees to not infringe, directly or indirectly, any intellectual property rights of Samtec. Samtec shall own all intellectual property rights in technology developed by Samtec. Jointly developed intellectual property shall be jointly owned as agreed upon in writing, without the right to sublicense it to third parties without the other joint party's agreement. Client agrees to defend, protect, and save harmless Samtec against all suits at law or in equity and from all damages, claims, and demands for actual or alleged infringement of any United States or foreign patent and to defend any suit or actions which may be brought against Samtec for any alleged infringement resulting from Client's: (a) use of Deliverables in combination with any other products not provided by Samtec, (b) alteration or modification of the Deliverables not undertaken or authorized by Samtec, or (c) Samtec's compliance with Client's specifications.

Legal Action

In any legal action between Samtec and Client, if Samtec is the prevailing party, Client will pay all of Samtec's legal costs and expenses, including reasonable attorneys' fees at trial and on appeal.

Governing Law

All questions concerning the validity, operation, interpretation, and construction of the Agreement, including but not limited to these Terms, shall be governed by and determined in accordance with the laws of the State of Oregon, with exclusive jurisdiction in courts located in Floyd County, Indiana, USA, without regard or application of any conflict of law principles. The parties specifically agree that the 1980 United Nations Convention on Contracts for the International Sale of Goods, as may be amended from time to time, shall not apply to these Terms. The parties acknowledge and confirm that the selection of the governing law is a material term of the Agreement.

Government Clients

If Client is a branch or agency of the United States government, whether that unit or agency be civilian or part of the Department of Defense, this provision applies. The Deliverables are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212, and are provided to Client consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. Except as otherwise specifically provided for in the Quotation, the Deliverables may not be used, reproduced or disclosed to anyone, including support service contractors or their subcontractors, by Client without the prior written consent of Samtec, and such consent may be freely withheld at Samtec's sole discretion. The restrictions in this provision are in addition to, and not in lieu of, any other restrictions contained in or incorporated by these Terms.

Delays

Performance of work and delivery of Deliverables are subject to, and contingent upon, delay directly or indirectly caused by, or in any manner arising from, fires, floods, accidents, riots, acts of God, war, acts of terrorism, government interference, embargoes, priorities, regulations, orders and restrictions, strikes, labor difficulties, shortages of labor, fuel, power, materials or supplies, transportation delays or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified) beyond Samtec's control and Samtec shall not be liable for any loss or damage suffered by Client arising therefrom. Samtec shall have the right, in the event of the happening of any of the above contingencies, at its option, to cancel this Agreement or subcontract any part thereof without any resulting liability.

Entire Agreement

The Agreement constitutes the entire understanding between the parties with respect to the Deliverables, and supersedes all prior discussions, representations, understandings or agreements, whether oral or in writing, between the parties with respect to the subject matter hereof.

Notice

Any notice will be in writing and delivered personally, by overnight mail, by reputable courier service, by pre-paid registered or certified mail, or by facsimile transmission with confirmed receipt, addressed to the parties' respective addresses as set forth on the signature page of the Quotation. Such notice will be deemed to have been received on the date actually delivered or in any event within three (3) days after the notice is sent, postage pre-paid and properly addressed. Either party may notify the other party of a change in its notice address in writing at any time.

Revision: August 2018

Risk Mitigation Through Sudden Service

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Samtec's superior Customer Service capabilities are unmatched in the interconnect industry, and in order to effectively manage risks that can be associated with providing customers our renowned Sudden Service®, Samtec employs various programs and practices which include:

Dual Operations Manufacturing System

• Redundant product manufacturing in both Asia and the Americas
• Manufacturing location strategy optimized for cost and delivery
• Component sourcing, molding, stamping, plating and assembly in both Asia and the Americas

Vertically Integrated Infrastructure and Support System

• In-house plating and coax cable manufacturing
• In-house mold and assembly tooling design & fabrication
• Connector processing, mechanical and electrical testing labs and vision inspection
• Automated design and fabrication
• Global IT Network
• Complete synergy among Samtec's service, manufacturing and quality strategies
• Integrated sales, support offices and manufacturing facilities worldwide, 24 hours a day, 7 days a week
• No interruption or delays due to location, time zone or language
• Redundant servers, vault and off-site back ups

Dual Sourced Niche Products

• Certified independent second sources
• Top selling High Speed, Power and RF interfaces
• View a list of our Dual Source Products
• Product intermateability specifications for most second source products

Widely Available Commodity Products

• Self dual-sourcing on almost every industry standard connector
• .100" (2.54 mm), 2mm (.0787") and .050" (1.27 mm) socket and terminal strips

For more information on Samtec's Risk Mitigation Policy, please contact our Quality Department

FAR/DFAR Statement

Samtec, Inc.

Privacy Notice

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Samtec, Inc. and its subsidiaries and affiliates (collectively, “Samtec,” “we,” or “us”) are committed to protecting the personal data you provide to us and that we receive from third parties. We want to be sure you understand our privacy practices so you are well-informed about what happens to the personal data you provide to us or that we receive from third parties.

This Notice is intended to address our obligations concerning privacy-related items and explains the types of personal data we collect, why we collect it, how we use it, and the rights of data subjects associated with their personal data. The Samtec entity responsible for the processing of your personal data will depend on your location and the circumstances of how you provide personal data to Samtec. Please refer to the attached addendums for information specific to your location, including California, People's Republic of China (“China”), and Vietnam.

The terms of this Notice including its addendums may be updated, revised, varied and amended from time to time as we deem necessary. Any changes to the Notice and its addendums will be published on our website. For material changes, we will notify you in a more conspicuous manner, for example by highlighting the changes, via email, or with a pop-up notification when you visit our website or log into your My Samtec account, and/or obtain your consent for the changes if such consent is required by applicable law.

1. Who Is Responsible for Data Processing and How Can I Contact Them?

If you have any questions about Samtec's processing of personal data, please contact our Data Privacy Team by email at privacy@samtec.com.

2. What are the Types of Personal Data We Use and Why Do We Use It?

We process personal data that we obtain from our customers and vendors in the context of our business relationships, as well as from individuals who use our website. We also process, insofar as necessary to fulfill business and legal obligations, personal data that third parties provide to us.

Personal Data of Website Users

While you are on our website, share feedback with us or interact with us via the chatbot, we collect and process certain of your personal data. We collect your IP address and use cookies, which are small files that are placed on your computer, to track your navigation while on our website. The information we gather allows us to improve the features and pages on our website in order to create a website that is easier to use. Cookies can be managed and maintained by referencing and updating your web browser settings.

If you choose to create a My Samtec account, we will process only the information you provide to us, namely your log-in email address and password. We process this personal data to provide you with a log-in ID for the website and communicate directly with you, as necessary. If you or your company become a customer of Samtec, we will further process your personal data as described below under “Personal Data of Customers.” We do not process any personal data about your Internet browsing or search history outside of our website.

Personal Data of Customers

If you download information, such as product models, from our website, we may process personal data including your name, mailing address, email address, telephone number, communication history and product purchasing history, in order to evaluate and/or explore further business opportunities with you or perform research or statistical analysis in order to improve our goods and services and for sales and marketing purposes. We may also share such information with third parties including distribution partners in order to follow up on your interaction with us or our website.

If you place an order with us and thereby consent to processing of personal data provided in association with the order, we will process certain personal data in order to fulfill the order and maintain a business relationship with you and your company. We process certain personal information (such as contact name, address, email address, phone number and other contact details) to communicate with you directly. We process other data (including your order history and payment details, including credit card number and related information, bank name, and bank account number) to fulfill orders you place with us. We also use the personal data described above, including your email address, to send to you marketing and sales information on Samtec products that you may be interested in. You can opt out of receiving marketing communications by clicking here or by opting out at the time you receive the marketing communication.

If you place an order or otherwise contract with us, you may receive additional details about the purposes of data processing in connection with the particular order or contract; these additional details may be found in the relevant contract documents and terms and conditions or may be provided at the time you receive your order. A copy of Samtec's current Terms and Conditions of sale can be found at https://www.samtec.com/about/legal#samtecterms and the terms applicable to consulting services can be found at https://www.samtec.com/about/legal#teraspeedterms.

Personal Data of Vendors

If you or your company provide goods or services to us, we will process personal data to fulfill the contract and maintain a business relationship with you. We process certain personal information (such as contact name, address, email address, phone number and other contact details that you may provide to us) to communicate with you directly.

3. On What Legal Basis Do We Process Personal Data?

We process personal data in accordance with applicable law in the locations where we conduct business, including, but not limited to, United States federal, state, and local data privacy laws, the European Union's General Data Protection Regulation (GDPR), China's Personal Information Protection Law (PIPL), and Vietnam's Decree 13/2023/ND-CP on Personal Data Protection (VN Decree 13).

Lawful Basis for Processing Personal Data of Website Users

We process the personal data of our website users as described in this Notice based on our legitimate interests in performing the essential functions of our website and to communicate with you in response to any inquiry or request you make of us. You have the right to object to processing of your personal data by submitting your request to our Data Privacy Team. You may submit a request by email to privacy@samtec.com. By continuing to use the website you are acknowledging our rules regarding your personal data as described in this Notice. If you do not agree to the processing of your personal data as described in this Notice, please do not provide your information when requested and stop using our website.

Lawful Basis for Processing Personal Data of Customers and Vendors

We process personal data of our customers and vendors for the legitimate interests of addressing our contractual obligations with them and/or in accordance with applicable laws and regulations. Our processing of personal data allows us to provide or receive goods and services pursuant to these contracts or to carry out pre-contractual measures that occur as part of a request by a customer or vendor.

In addition, Samtec has a legal obligation to ensure that it does not sell products to or contract with individuals or entities with whom it is not legally allowed to contract. Samtec processes personal data of such individuals and entities, particularly the name and location of the individual or entity, in order to fulfill this legal obligation.

Other Legitimate Interests

Where required, we process your personal data beyond the actual fulfillment of the relevant contract or purchase order for the purposes of other legitimate interests pursued by us or a third party. Such legitimate interests include the following:

• Reviewing and optimizing procedures for client needs assessments for the purpose of direct client discussions;
• Internal marketing or market and opinion research;
• Asserting legal claims and defenses in legal disputes;
• Evaluating additional opportunities to conduct business with you; and
• Measures for business management and further development of Samtec services and products.

4. Who Receives My Data?

Within Samtec, every Samtec entity that requires your personal data to fulfill our contractual and legal obligations will have access to it. Service providers and agents appointed by us may also have access to data for these purposes.

With regard to transferring data to recipients outside Samtec, we may share your personal data if necessary in the context of the applicable lawful bases and legitimate interests set forth in this Notice, or if legal provisions demand it. Recipients of personal data may be, for example:

• Public entities and institutions, upon providing a legal or official obligation;
• Other Samtec companies in order to carry out a business relationship with you, including providing customer support, or to address legal or other official obligations;
• Third parties, including distribution partners, to which we transfer your personal data in order to evaluate and/or explore opportunities to conduct business with you; and
• Other third parties including but not limited to payment processing partners which may be necessary for us to carry out our business relationship with you, as necessary depending on your contract, purchase order or request.

Some laws, including California's CCPA, consider the sharing of personal information to be a “sale” under certain circumstances. If you would like to opt out of the sale of your personal information, click here for more information.

5. Will Data Be Transferred to a Third Country or an International Organization?

Regardless of which Samtec legal entity you contract with, your personal data will be transferred to and stored on servers located in the United States.

In addition to its operations in the United States, to date Samtec has legal entities based in Brazil, China, Costa Rica, France, Germany, Hong Kong, India, Israel, Italy, Japan, Malaysia, Mexico, Scotland, Singapore, South Korea, Sweden, Taiwan, and Vietnam. As mentioned in Section 4 above, each Samtec company, including those located outside of the European Union, will have access to your personal data. Your personal data is made available to other Samtec companies because the transfer is necessary to carry out our business relationship with you, such as to provide customer support.

Each Samtec company has agreed to standard data protection clauses in order to suitably safeguard your personal data. Other third parties, such as distribution partners, may be located in other countries. If you would like to request a copy of the specific safeguards applied to the export of your personal data, send your request to privacy@samtec.com.

6. For How Long Will My Data Be Stored?

If you are a prospective or current customer or vendor, we will process and store your personal data beginning on the date you provide it to us and continuing until the completion of our business relationship with you, in compliance with Samtec's Records Retention Policy. If required by law or by a legal order, we may process and store your personal data for a longer period consistent with the law or legal order or our contractual rights. For example, we may need to keep your personal data longer if necessary to fulfill obligations to preserve records under tax law or if we are obligated to hold information because of a legal prohibition against removing or deleting the data. For more details about Samtec's retention of information specific to your location, please contact privacy@samtec.com.

7. What Data Privacy Rights Do I Have?

Subject to some exceptions, you have several rights, including:

• The right to access, which allows you to obtain a copy of your data, on request;
• The right to rectification, which requires Samtec to change incorrect or incomplete data about you;
• The right to restrict and object to processing, which requires Samtec to limit or stop processing your data;
• The right to erasure, which requires Samtec to erase your data; and
• If applicable, the right to data portability, which allows you to transfer your personal data from Samtec to another individual or entity.

You may exercise any of these rights by sending an email indicating your request to privacy@samtec.com. Furthermore, if you believe your rights under the GDPR are being infringed, you have the right to lodge a complaint with a data privacy regulatory authority located in the member state in which you live, where you work, or where any alleged infringement has occurred.

If we process your personal data based on your consent, you can withdraw consent at any time.

Please note that withdrawal of consent applies only to future actions. Processing that was carried out before the withdrawal of consent is not affected.

8. Am I Obligated to Provide Data?

In the context of establishing a business relationship with us, you must provide all personal data that is required for accepting and carrying out the business relationship and fulfilling the accompanying contractual obligations. Without this data, we are not able to execute a contract or fulfill an order for you or your company.

9. To What Extent Is There Automated Decision-Making?

In the general course of establishing and carrying out a business relationship, we do not use any automated decision-making. If we do so in connection with an individual transaction, we will inform you of the automated decision-making in connection with that transaction.

10. Will Samtec Use My Personal Data for Marketing?

If you are a prospective or current customer, we process some of your personal data with the goal of assessing certain personal aspects of your preferences. For example, we process your data to notify you and advise you regarding available products, which allows for Samtec communications and marketing to be tailored to you and your company. You can opt out of receiving marketing communications by clicking here or by opting out at the time you receive the marketing communication. Additionally, Samtec may share your personal information with other third parties, such as distribution partners, for the purpose of following up on your interaction with Samtec or our website.

Rev. 4.0, Reviewed February 2024

California Privacy Notice Addendum

The California Consumer Privacy Act of 2018 and the California Privacy Rights Act (together, the “CCPA”) require businesses to disclose certain information about their data collection and disclosure policies and practices to residents of California. Samtec, Inc., and its subsidiaries and affiliates (together, “Samtec” or “We”), provides the following information in compliance with the CCPA in order to be sure California residents are well-informed about (i) the types of information Samtec collects, and (ii) what Samtec does with that information. The information in this California Privacy Notice Addendum is provided as a supplement to Samtec's Privacy Notice, and is only applicable to individuals located in California or individuals otherwise subject to Samtec's processing activities in California.

We may update this California Privacy Notice from time to time. The latest version of this notice will be posted on our website. This Notice was last reviewed in February 2024, and the current version is effective as of February 12, 2024.

I. Your Rights Under the CCPA

The CCPA provides certain rights to consumers who are residents of California, including, but not limited to:

• The right to know what categories and specific types of personal information Samtec collects and maintains,
• The right to know what Samtec does with your personal information,
• The right to request that Samtec delete your personal information, and
• The right to receive a copy of your personal information which Samtec maintains in a format that is readily usable and allows transmission to another entity without hindrance.

Samtec does not knowingly solicit or collect personal information online from minors under the age of 18. If you have any questions about the types of personal information that Samtec collects and what Samtec does with the personal information it collects, or to request deletion of personal information Samtec has collected from you, please contact us at 1-800-726-8329 or via email at privacy@samtec.com.

II. Categories and Specific Types of Personal Information Collected by Samtec

Samtec may collect the following categories and types of personal information when you visit our web site, when you interact with us via the chatbot on our web site, or when you provide it to us voluntarily. Note that sensitive personal information is a subtype of personal information consisting of specific information categories. While some information we collect may be considered sensitive personal information, the CCPA does not treat this information as sensitive because we do not collect or use it to infer characteristics about a person. Samtec retains the information collected for the period specified in Samtec's Records Retention Schedule, a copy of which may be obtained by contacting privacy@samtec.com.

Category	Specific Type
Identifiers	Name, alias, postal address, online identifier, Internet Protocol address, email address, telephone number, account name
Financial Information	Bank account information, and credit or debit card information
Commercial Information	Products or services purchased, purchasing and consuming histories and tendencies
Internet Activity	Browsing history, search history, information regarding your interaction with specific web sites, applications, or advertisements
Other Personal Information	Geolocation data, professional or employment-related information

In addition, Samtec may collect the following additional categories and types of personal information from job applicants and/or employees:

Category	Specific Type
Biometric Information	Fingerprint information may be collected for employees to use time clocks
Protected Classification Characteristics	Information related to age, race, gender, national origin, citizenship, marital status, disability, and/or sex
Personal Information Under California State Law	Name, signature, Social Security number, address, phone number, passport number, driver's license number, insurance information, bank account number, education and employment history, or medical information
Professional Information	Current or past job history or performance evaluations
Non-public Education Information	Education records related to a student maintained by an educational institution or an individual

III. Categories of Sources from Which Personal Information Is Collected by Samtec

Samtec may collect the personal information outlined above from various sources, including, but not limited to, the following:

• Individuals and businesses, including consumers, customers, vendors, job applicants, and employees
• Commercial business validation services
• Credit reporting agencies
• Social networking services

The information collected from a website user will be associated with the user upon acceptance of cookies or upon logging into an account. If you do not accept cookies on our website, the information collected from your use of our website will not be associated with you.

IV. Samtec's Use of Personal Information Collected

Samtec may use the personal information it collects for any one or more of the following business purposes:

• Fulfillment of or meeting the reason the information is provided, including processing orders for, or returns of, goods and services
• Performing pre-contract measures, such as providing quotations for orders
• Performing Samtec's legal obligations, including, but not limited to, export compliance
• Creating, maintaining, customizing, and securing your account with us
• Reviewing and optimizing procedures for client's need assessments and for direct client discussions
• Internal marketing or market and opinion research
• Asserting legal claims and/or defenses in legal disputes
• Measures for business management and further development of Samtec products and services
• Other purposes as requested by you

Samtec may also use personal information of job applicants and employees to enable Samtec to comply with applicable laws, to administer employee payroll and benefits, workers' compensation claims management, and/or for employee development.

V. Third Parties with Whom Samtec Shares Personal Information Collected

The information collected by Samtec may be stored in Samtec's internal systems and in systems maintained by third-party software vendors, provided that the information is only used by Samtec, and not such third-party software vendors, for the purposes outlined above.

Samtec's service providers and agents may also have access to data that contains personal information as required to enable them to fulfill their obligations to Samtec. Samtec shares data that contains personal information with other Samtec-affiliated entities as required to fulfill contractual or legal obligations. In addition, Samtec may share information with distribution partners to enable Samtec or a distribution partner to further engage with you, or to fulfill its legal, compliance, or contractual obligations. Under the CCPA, this type of sharing may be considered a “sale” of your personal information. If you would like to opt out of the sale of personal information, please click here for more information.

VI. Right to Know

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive your request and confirm your identity, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting that information.
• The categories of third parties with whom we shared that personal information.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing (a) sales, identifying the personal information categories that each category of recipient obtained, and (b) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you.

VII. Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information, provide a good or service you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a warranty or recall conducted in accordance with law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Exercise rights or comply with obligations provided for by law.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

VIII. Exercising Your Rights to Know, Delete, and/or Opt-Out of Sales of Personal Information

To exercise your rights to know or delete as described above, please submit a request by either:

• Calling us at +1-800-726-8329, or
• Emailing us at privacy@samtec.com.

You may submit a request to know up to twice within a 12-month period. Only you, or someone legally authorized to act on your behalf, may make a request to know or delete your personal information. Your request to know or delete must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in the request to verify the requestor's identity or authority to make it. You do not need to create an account with us to submit a request to know or delete.

We will confirm receipt of your request within ten (10) business days. We endeavor to substantively respond to a verifiable request within forty-five (45) days of receipt, but we will inform you if we require more time. If applicable, we will explain the reasons we cannot comply with a request.

To specifically opt out of any sales of personal information, please contact us at privacy@samtec.com.

IX. Non-Discrimination

We will not discriminate against you for exercising any of your rights under the CCPA. This means that, unless permitted by law, we will not deny you goods or services, charge you different prices for goods or services, provide you with a different level or quantity of goods or services, or suggest that you receive a different price for, or quality of, goods or services, as a result of you exercising your rights. In addition, Samtec will not discriminate against job applicants or employees for exercising any rights under the CCPA.

California Privacy Notice Addendum Rev 0224

Vietnam Privacy Notice Addendum

This Vietnam Privacy Notice Addendum shall complement and supplement the Samtec Privacy Notice. This Addendum only applies to (1) Vietnamese citizens and (2) users that are subject to Samtec's processing activities in Vietnam.

If you are in one of the two groups mentioned above, the Privacy Notice shall continue to apply to you, except for the parts that are irreconcilable with the below. In that case, this Addendum shall prevail on the Privacy Notice, but only to the extent needed for the changes made by this Addendum to have effect.

We will notify you of any changes to the Privacy Notice or to this Addendum that could impact the validity of your consent and will obtain new consent from you before any such changes are implemented.

A. What are the Types of Personal Data We Use and Why Do We Use It?

1.1. Processing purposes

In addition to the processing purposes listed in the Privacy Notice, we may process your Personal Data to process and evaluate applications for positions as an employee or contractor with us.

1.2. Type of personal data

Under the laws of Vietnam, personal data is defined as any data in the forms of symbols, letters, figures, images, sounds or similar forms in the electronic environment that is associated with a particular person or may lead to the identification of a particular person and is classified as basic and sensitive data.

We collect the following basic personal data when you use our websites:

• Identifiers and contact information (such as name, email, phone number, mailing address, IP address, account name, etc.);
• Demographic data (such as age, gender, citizenship, etc.);
• Commercial data (such as product purchasing history, purchasing and consuming histories and tendencies);
• Professional, employment-related, or education data;
• Cookies and tracking technologies;
• Other basic personal data related to our processing purposes as stated in the Privacy Notice.

We may also collect sensitive personal data. Sensitive personal data is defined as data associated with an individual's privacy that when violated will directly affect the individual's legitimate rights and interest. Examples of sensitive personal data under Vietnamese laws are:

• Geolocation data
• Payment data (including bank account information, debit or credit card information, etc.)
• Biometric information (including fingerprint information that may be collected for employee's time clocks)
• Political opinions, religious opinions
• Health status and private data recorded in the health record, excluding the data about blood type
• Data relating to racial origin, ethnic origin
• Other sensitive personal data related to our processing purposes as stated in Section I.

1.3. Processing

We will be processing your personal data from the moment we collect it and until the end of the retention period as stated in the Privacy Notice.

1.4. Processing Activities

Our processing activities of your personal data as stated in Section 2 above refers to one or multiple activities including collection, recording, analysis, confirmation, storage, rectification, disclosure, combination, access, traceability, retrieval, encryption, decryption, copying, sharing, transmission, provision, transfer, deletion, destruction or other relevant activities.

B. On What Legal Basis Do We Process Personal Data?

We process your personal data in accordance with applicable Vietnamese laws, including Vietnam's Decree 13/2023/ND-CP on Personal Data Protection.

We process personal data based on your consent, to the extent it is required by applicable law.

You may agree to the above processing purposes in full or in part by ticking boxes applicable at the time you provide consent for the specific purpose.

C. Who Receives My Data?

Within Samtec, every Samtec entity that requires your personal data to fulfill our contractual and legal obligations will have access to it. Service providers and agents appointed by us may also have access to data for these purposes.

With regard to transferring data to recipients outside Samtec, we may share your personal data necessary to achieve the purposes set out above, based on your consent or in accordance with any applicable legal requirements.

Recipients of personal data may be, for example:

• Public entities and institutions, upon providing a legal or official obligation;
• Other Samtec companies in order to carry out a business relationship with you, including providing customer support, or to address legal or other official obligations;
• Third parties, including distribution partners, to which we transfer your personal data in order to evaluate and/or explore opportunities to conduct business with you; and
• Other third parties which may be necessary for us to carry out our business relationship with you, as necessary depending on your contract, purchase order or request.

The Vietnamese law prohibits the sale and purchase of personal data. We do not sell your personal information for money, but may use tracking technologies or work with third parties like ad networks which collect personal data via tracking technologies. We will obtain your prior written consent prior to using any such technologies that could be considered, under some personal data protection laws, as a “sale” of personal data. In all cases, the sale of personal data will only apply to the extent permitted by applicable law.

D. What Data Privacy Rights and Obligations Do I Have?

Subject to some exceptions, you have several rights, including:

1. The right to access your personal data;
2. The right to request a copy of your data, which is subject to you submitting a mandated form imposed by the government of Vietnam. Please contact us at: privacy@samtec.com to request the appropriate form to submit your request;
3. The right to rectification, which requires Samtec to change incorrect or incomplete data about you;
4. The right to restrict processing, which requires Samtec to limit processing your data;
5. The right to object processing, which requires Samtec to stop processing your data; and
6. The right to erasure, which requires Samtec to erase your data.

You may exercise any of these rights by sending an email indicating your request to privacy@samtec.com.

Furthermore, if you believe your rights are being infringed, you have the right to lodge a complaint with a supervisory authority, to denounce and initiate a lawsuit, the right to claim damages, and the right to self-defense.

If we process your personal data based on your consent, you can withdraw consent at any time. Please note that withdrawal of consent applies only to future actions. Processing that was carried out before the withdrawal of consent is not affected.

You have the obligation to protect your own personal data, provide complete and accurate personal data, and to comply with any other personal data protection obligations you may have under the applicable laws.

E. Am I Obligated to Provide Data?

We process personal data based on your voluntarily, explicit, and positive consent, to the extent it is required by applicable law.

Please note that if you do not consent to some/all of our processing activities as set out in the Privacy Notice, to the extent such consent is required by applicable law, you may be unable to access the website or to use some functions of the website, which may adversely affect your experience. For example, you may be unable to send any applications for any position as employee or contractor. In addition, we will not be able to enter into a contractual or business relationship with you (you will be unable to order, purchase or otherwise transact with us).

F. Will Samtec Use My Personal Data for Marketing?

If you are a prospective or current customer, we process some of your personal data with the goal of assessing certain personal aspects of your preferences, after obtaining your consent to the extent it is required by applicable laws. For example, we may process your data to notify you and advise you regarding available products, which allows for Samtec communications and marketing to be tailored to you and your company. We may communicate with you in the form of emails, text messages, phone calls, chatbot, or other means. We send communications that we deem are relevant and that are tailored to your interests. Our communications will remain reasonable, avoiding excessive or intrusive messaging.

You can opt out of receiving marketing communications by clicking here or by opting out at the time you receive the marketing communication. Additionally, Samtec may share your personal information with other third parties, such as distribution partners, for the purpose of following up on your interaction with Samtec or our website.

G. Is My Personal Data Secured?

We maintain reasonable technical, physical, and administrative security measures designed to help protect the security of your personal data against loss, misuse, unauthorized access, disclosure, or alteration (“Data Incident”). In the case of a Data Incident affecting your data, you may experience consequences or damages such as exposure of your personal data (which may include sensitive personal data), identity theft, financial harm, reputational damage, and increased vulnerability to targeted scams or fraud attempts.

You can raise a complaint by contacting us at privacy@samtec.com.

Vietnam Privacy Notice Addendum Rev 1023

China Privacy Notice Addendum

This China Privacy Notice Addendum (“China Privacy Notice”) provides additional information about personal data processing as required by China's Personal Information Protection Law and its implementing rules and regulations (“Chinese Data Protection Laws”). The China Privacy Notice only applies to (1) individuals located in China, (2) individuals that are subject to processing activities by Samtec Electronics (Huizhou) Limited, Samtec Electronics Dongguan R&D Limited, and Samtec International Trade (Shanghai) Limited in China. If you are in one of the two groups mentioned above, the Notice shall continue to apply to you, except for the parts that are irreconcilable with the below. In that case, this China Privacy Notice shall prevail over the Notice, but only to the extent needed for the changes made by this China Privacy Notice to have effect.

A. What are the Types of Personal Data We Use and Why Do We Use It?

With respect to this China Privacy Notice, “personal data” means “personal information” as defined under Chinese Data Protection Laws.

1.1. Processing purposes

In addition to the processing purposes listed in the Privacy Notice, we may process your Personal Data to perform any statutory responsibilities or obligations, when necessary, respond to a public health emergency or protect the life, health, or property of individuals in cases of emergency, and any other activities permitted by laws and regulations in China.

1.2. Type of personal data

Under Chinese Data Protection Laws, personal data is defined as any information that is recorded, electronically or otherwise, that can be used alone or in combination with other information to identify a natural person or reflect the activity of a natural person.

We have only processed the types of personal data described under paragraph 2 of the Notice.

1.3. Processing Activities

Our processing activities of your personal data as stated in the Notice above refers to one or multiple activities including collection, recording, analysis, confirmation, storage, rectification, disclosure, combination, access, traceability, retrieval, encryption, decryption, copying, sharing, transmission, provision, transfer, deletion, destruction or other relevant activities.

B. Who Receives My Data?

Except as provided in the Notice, we do not sell, rent or trade your personal data to or with third parties including our business partners. We will disclose, transfer or share your personal data in the following circumstances where you have expressly agreed or in accordance with Chinese Data Protection Law:

• Competent court of law, law enforcement agencies and/or regulatory bodies for compliance with applicable laws and regulations and protection of our legal rights; or
• Third-party suppliers of goods and services (whether in China or abroad) engaged by us to assist with providing you our goods and services. Our third-party service providers are under a duty of confidentiality and contractually bound to use your personal data in connection with the purposes specified in this Notice, and not for their own purposes.

The specific names of Samtec entities, service providers, and agents and the purpose of transferring your personal data to them can be obtained by contacting us at privacy@samtec.com.

C. Cross-border data transfer

As Samtec operates in many jurisdictions (including the U.S.), there is a need for Samtec to transfer personal data (including sensitive personal data) collected from you in China to other Samtec companies located overseas (such as the U.S.) in order to perform general business management and operations, and/or fulfill its lawful responsibilities. Where such transfer occurs, we will ensure that all requirements set forth under Chinese Data Protection Laws are complied with (including but not limited to conducting a personal information impact assessment, executing a “Standard Contract for Outbound Transfer of Personal Information” (“Standard Contract”) with parties who will be receiving personal data). In addition, we will endeavor to ensure that your personal data will enjoy the same level of protection as it does in China, and take all reasonable and necessary measures to ensure that the personal data remains protected during the transfer process.

You may be a third-party beneficiary under the Standard Contract and may have a right to raise an objection. Please contact us for further information if you intend to raise an objection against the transfer of your personal data abroad.

D. What Data Privacy Rights and Obligations Do I Have?

Subject to some exceptions, you have several rights, including:

1. The right to access your personal data;
2. The right to rectify your personal data, which requires Samtec to change incorrect or incomplete data about you;
3. The right to delete your personal data, which requires Samtec to erase your data;
4. The right to change the scope of your consent or withdraw your consent;
5. The right to de-register; which requires Samtec to stop providing you with any product and service and erase your personal data;
6. The right to request a copy of your personal data; and
7. The right to request to restrict automated decision-making by information system.

You may exercise any of these rights by sending an email indicating your request to privacy@samtec.com. We will respond to your request within 30 business days. Generally speaking, we will not charge you for your reasonable requests. However, a reasonable fee may be imposed to reflect the costs on repeated requests beyond reasonable scope.

If we process your personal data based on your consent, you can withdraw consent at any time. Please note that withdrawal of consent applies only to future actions. Processing that was carried out before the withdrawal of consent is not affected.

We may not be able to respond to your requests to exercise your rights if they are:

1. Related to our compliance with the obligations under the laws and regulations;
2. Directly related to national security or defense security;
3. Directly related to public security, public health or major public interests;
4. Directly related to criminal investigations, prosecutions, trials and enforcement of court decisions, and etc.;
5. For the purpose of safeguarding your life, property and other important legal rights and interests or those of other individuals but it is difficult to obtain consent;
6. Responding to your request will cause serious harm to your legitimate rights and interests, or those of other individuals or organizations; or
7. Involving trade secrets

We will not charge you for your reasonable requests in principle. However, a fee to reflect the costs will be imposed as appropriate on repeated requests beyond reasonable scope. As for repeated requests that are groundless and need excessive resources for us to fulfill, bring about risks to others' legitimate rights and interests or are downright impractical, we might reject.

You also have the obligation to protect your own personal data, provide complete and accurate personal data and to comply with any other personal data protection obligations you may have under the applicable laws.

E. Data Retention Period

We will be processing your personal data from the moment we collect it. We will only retain your personal data for the period necessary to deliver the purposes stated in this Policy, unless the extended retention is required or allowed by Chinese Data Protection Laws. We will take reasonable measures to ensure that any personal data transferred to third parties as stated above comply with the terms of this China Privacy Notice.

F. Am I Obligated to Provide Data?

Please note that if you do not consent to some/all of our processing activities as set out in the Notice, to the extent such consent is required by applicable law, you may be unable to access the website or to use some functions of the website, which may adversely affect your experience. For example, we will not be able to enter into a contractual or business relationship with you (you will be unable to order, purchase or otherwise transact with us).

G. Will Samtec Use My Personal Data for Marketing?

If you are a prospective or current customer, we process some of your personal data with the goal of assessing certain personal aspects of your preferences, after obtaining your consent to the extent it is required by applicable laws. For example, we may process your data to notify you and advise you regarding available products, which allows for Samtec communications and marketing to be tailored to you and your company. We may communicate with you in the form of emails, text messages, phone calls, chatbot, or other means. We send communications that we deem are relevant and that are tailored to your interests. Our communications will remain reasonable, avoiding excessive or intrusive messaging.

You can opt out of receiving marketing communications by clicking here or by opting out at the time you receive the marketing communication. Additionally, Samtec may share your personal data with other third parties, such as distribution partners, for the purpose of following up on your interaction with Samtec or our website.

H. Is My Personal Data Secured?

We maintain reasonable technical, physical, and administrative security measures designed to help protect the security of your personal data against loss, misuse, unauthorized access, disclosure, alteration or damage (“Data Incident”). For instance:

• We take reasonable and practical measures to ensure that unnecessary personal data are not collected. We will only retain your personal data for the period necessary to deliver the purposes stated in this Policy, unless the extended retention is required or allowed by laws.
• In case of an unfortunate Data Incident affecting your personal data, we will, in a timely manner and in accordance with the Chinese Data Protection Laws, inform you of the details and possible impacts of such Data Incident, response measures that are already taken or to be taken by us, suggestions for you regarding risk mitigation, our remedial measures, etc. We will inform you of such information by email, telephone, push notification, etc., where appropriate. When it is difficult to notify each individual data subject, we will issue a public notice.

China Privacy Notice Addendum Rev 0224