TOMTEC Privacy Notice

1. Introduction

TOMTEC Imaging Systems GmbH or its affiliates or subsidiaries ("TOMTEC", "our", "we" or "us") wants you to be familiar with how we collect, use and disclose Personal Data. This Privacy Notice is meant to help you understand our privacy practices, including what Personal Data we collect, why we collect it, what we do with it and how we protect it, as well as your individual rights.

TOMTEC appreciates the interest you have shown in our company, products and services by visiting our websites (www.tomtec.de) or related communication channels, including, but not limited to, our social media pages and/or channels and blogs (together "TOMTEC Pages"). This Privacy Notice applies to the Personal Data that we collect or process when you interact with TOMTEC Pages. You can interact with TOMTEC through TOMTEC Pages, through the use of our services, through marketing communications, education, as well as through our customer support. These interactions can be made by visitors, customers, business customers, suppliers and/or business partners.

TOMTEC also processes Personal Data beyond our TOMTEC Pages, which will require a different privacy notice (e.g. TOMTEC research projects, or other specific Websites or Portals). Whenever and wherever that is the case, TOMTEC will make it clear that the privacy notice concerned is different from this privacy notice.

TOMTEC is an affiliate of Philips GmbH. To create a global approach to the protection of privacy and allow internal data transfers between the Philips companies worldwide, Philips has adopted Binding Corporate Rules called the Philips Privacy Rules. You can find more information on the Philips Privacy Rules on the Philips privacy website (www.philips.com/privacy).

Last but not least, your privacy is of sincere importance to us. You have shown your trust in us by interacting with our TOMTEC Pages and we value that trust. This means that we are committed to protecting your privacy at all times.

2. What personal data do we collect and for what purpose?

When using the term "Personal Data" in our Privacy Notice, we mean information that relates to you and allows us to identify you, either directly or in combination with other information that we may hold.

 2.1. TOMTEC Account Data (Members Area)

You can chose to create an online TOMTEC Account to benefit from our services (e.g. to download our software, get access to additional documentation, request forms, surveys or training sessions).

When you create a TOMTEC Account we collect the following Personal Data:

  • First name, Last name
  • Salutation
  • Email address
  • Password
  • Country

Furthermore, we may need the following information when you interact with TOMTEC as a Professional (i.e. business customer, supplier and/or business partner):

  • Company name
  • Company phone number
  • Organisation type
  • Customer account number

We use this Personal Data in order to create and maintain your TOMTEC Account. You can use your TOMTEC Account for various services (e.g. to download our software, get access to additional documentation, request forms, surveys or training sessions). When using your TOMTEC Account for a service, we may add additional Personal Data to your TOMTEC Account. The following paragraphs inform you of the services you may use and what Personal Data we will add to your TOMTEC Account when you do.

Your TOMTEC Account creation only happens at your request. Therefore, we consider the processing of your Account Data to be necessary for the performance of the contract to which you are party and lawful under Article 6(b) Regulation (EC) 5419/16.

2.2. Promotional Communications Data

You can choose to sign up for marketing and promotional communications.
When you sign up for marketing and promotional communications, we will use the following Personal Data:

  • Email address
  • Your TOMTEC Account Data
  • Your interactions with TOMTEC Pages, the emails you clicked and opened and attendance of events.

We use this Personal Data to send you promotional communications — based on your preferences and behaviour — about TOMTEC products, services, events and promotions.

TOMTEC group companies may contact you with promotional communications via email, SMS and other digital channels, such as mobile apps and social media. To be able to tailor the communications to your preferences and behaviour and provide you with the best, personalised experience, we may analyse and combine all information associated with your Account Data and data about your interactions with TOMTEC. We also use this information to create segments of our audience showing which of our products and/or services users are interested in and track success of our marketing efforts.

TOMTEC will give you the opportunity to withdraw your consent for receiving promotional communications at any time via the unsubscribe link at the bottom of each promotional communications email you may receive from us.

We may also send TOMTEC press releases by email (Press Email Data). When TOMTEC sends press releases, TOMTEC will process your name, contact details (e.g. email) and company information.

The processing of Personal Data for Promotional Communications are based on your consent, i.e. provided on a voluntary basis; such basis is lawful under Article 6(a) Regulation (EC) 5419/16. Where TOMTEC processes your Personal Data based on consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before withdrawing your consent.

2.3. Competition Data

You may choose to participate in sweepstakes, contest games or other competitions (Competition) via our TOMTEC Pages.

When you sign up for a Competition, we will use the following Personal Data:

  • Your Account Data, in case you participate after logging in to your TOMTEC account
  • Your social media profile data, in case you participate via your social media account
  • Name
  • Email address
  • Phone number
  • Physical address
  • Material or content generated and provided by you that allows you to participate in the sweepstake, contest, game or other competition.

We use this Personal Data to allow you to participate, to identify you, to prevent/detect fraud and to fulfil the prize to you (if you win).

We consider the processing of your Competition Data in the above context to be necessary for the performance of the contract to which you are party and lawful under Article 6(b) Regulation (EC) 5419/16.

2.4. Online Feedback Data

You can choose to give your feedback, comments, questions, ratings and reviews in online evaluations (Online Feedback).

Where you make use of this opportunity, we will process the following Personal Data:

  • Your cookie ID
  • Institution
  • Country
  • Your feedback/comments/questions/your rating review
  • Your contact details in case you provide them to us (name, email, telephone number).

We use this Personal Data to provide TOMTEC with valuable insights to improve our TOMTEC Pages or products/services range.

We consider the processing of your Online Feedback Data to be based on legitimate interest of TOMTEC to improve our TOMTEC pages and our range of products and services and to be lawful under Article 6(f) Regulation (EC) 5419/16.

2.5. Events Data

TOMTEC may collect data for events, webinars or fairs ("Events") that you may wish to attend and register for via the TOMTEC Pages. You may either register for the Event via TOMTEC Pages or via the other organising company.

When you register for an event, we will process the following information:

  • Account Data
  • Name
  • Email
  • Country
  • Salutation
  • Product/service interest.
  • Specialty
  • Institution
  • Modality
  • Date
  • Time slot
  • Business phone
  • Relevant dietary information

By registering to an event, you are agreeing to receive communications from TOMTEC directly related to the event, such as what location the event will be hosted, what time the event takes place.

We consider the processing of Events Data to be necessary for the performance of the contract to which you are party and lawful under Article 6(b) Regulation (EC) 5419/16.

2.6. Customer Care Data

You may interact with our Service & Support department.

When you contact Service & Support, or when you communicate with one of our TOMTEC Service & Support representatives by email, phone or in writing, we will use the following Personal Data:

  • Your Account Data
  • Your call recording and history, purchase history, the content of your questions or requests that you addressed.

We use this Personal Data to provide you with customer support (which may be product- or service-related), respond to your enquiries, fulfil your requests and provide you with related customer service.

We also use this Personal Data to improve, fix and customise our products and services, to meet compliance standards and to educate our Service & Support employees during training.

If we provide this service on the basis of an agreement with you, we consider the processing of your Personal Data to be necessary for the performance of the contract to which you are party and lawful under Article 6(b) Regulation (EC) 5419/16.

In other cases, we consider the processing of your Personal Data in the above context to be based on a legitimate interest of TOMTEC to be lawful under Article 6(f) Regulation (EC) 5419/16.

2.7. Improve our products and service (Improvement Data)

Where we use Personal Data we have collected from you while you have been using TOMTEC Services and/or our TOMTEC Pages for analytical purposes, we do this in order to improve our Products/Services and to enhance your user experience. We also do this in order to have a general overview of the category of audiences that are interested in which of our Products and/or Services.

We consider the processing of your Personal Data in the above context to be based on legitimate interest of TOMTEC to improve our TOMTEC pages and our range of products and services and to be lawful under Article 6(f) Regulation (EC) 5419/16.

2.8. Sensitive Data

In the course of providing services to you, we may collect information that could reveal your racial or ethnic origin, physical or mental health, religious beliefs or alleged commission or conviction of criminal offences. Such information is considered "sensitive personal data" under Article 9 Regulation (EC) 5419/16.

We only collect Sensitive Data where you have given your explicit consent, where it is necessary or you have deliberately made it public.

3. Sharing your Personal Data with others

3.1. Affiliates and service providers

We may disclose your Personal Data:

  • To our affiliates or subsidiaries for the purposes described in this Privacy Notice
  • To our third-party service providers who provide services, such as website hosting, data analysis, information technology and related infrastructure provision, customer service, email delivery, CRM, event management, and other services
  • To third parties, to permit them to send you marketing communications, consistent with your choices if you have opted in to such sharing
  • To third-party sponsors of sweepstakes, contests and similar promotions
  • When you interact with TOMTEC as a business customer, supplier or business partner, TOMTEC may disclose Personal Data available in reports and other materials provided by you and/or your company pursuant to an engagement with another business partner and/or a supplier.

3.2. Other uses and disclosures

We may also use and disclose your Personal Data as we believe to be necessary or appropriate: (a) to comply with applicable law, which may include laws outside your country of residence, to respond to requests from public and government authorities, which may include authorities outside your country of residence, to cooperate with law enforcement or for other legal reasons; (b) to enforce our terms and conditions; and (c) to protect our rights, privacy, safety or property, and/or that of our affiliates or subsidiaries, you or others.

In addition, we may use, disclose or transfer your information to a third party in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

3.3. Third-party services

This Privacy Notice does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the TOMTEC Pages link. The inclusion of a link on the TOMTEC Pages does not imply endorsement of the linked site or service by us or by our affiliates or subsidiaries.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organisations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Data you disclose to other organisations through or in connection with the TOMTEC Pages. These other organisations may have their own privacy notices, statements or policies. We strongly suggest that you review them to understand how your Personal Data may be processed by those other organisations.

3.4. Third-party cookies or other tracking technologies

We use cookies or similar technologies when you interact with and use the TOMTEC Pages, when you visit our websites, use our social media pages, receive our emails. In most cases, we will not be able to identify you directly from the information we collect using these technologies.

The data collected is used to:

  • Ensure that the digital channel functions properly
  • Analyse digital channel usage so we can measure and improve performance of our digital channels
  • Connect to your social media networks and read reviews
  • Help better tailor advertising to your interests, both within and beyond TOMTEC digital channels.

You can delete cookies if you wish; while certain cookies are necessary for viewing and navigating on our website, most of the features will be still accessible without cookies.

4. How we protect your Personal Data?

4.1. How do we secure your Personal Data?

We seek to use reasonable organisational, technical and administrative measures to protect Personal Data within our organisation. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the "How can you contact us?" section below.

4.2. How long will the Personal Data be kept?

We will retain your Personal Data for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you to participate in the TOMTEC pages; (ii) whether there is a legal obligation to which we are subject; or (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

4.3. Jurisdiction and cross-border transfer

Your Personal Data may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the TOMTEC Pages you consent to the transfer of information to countries outside of your country of residence, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Data.

If you are located in the EEA, your Personal Data may be transferred to our affiliates or service providers in non-EEA countries that are recognised by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here). For transfers from the EEA to countries not considered adequate by the European Commission, Philips has put in place adequate measures, such as our Binding Corporate Rules for Customer, Supplier and Business Partner Data and/or standard contractual clauses adopted by the European Commission and/or if the service provider is located in the USA is a certified member pursuant to the EU/US Privacy Shield, to protect your Personal Data. You may obtain a copy of these measures by following the link above.

5. Your rights and choices available to you

If you would like to submit a request to access, rectify, erase, restrict or object to the processing of Personal Data that you have previously provided to us, or if you would like to submit a request to receive an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us at privacy@tomtec.de. We will respond to your request consistent with applicable law.

In your request, please make clear what Personal Data you would like to have changed, whether you would like to have your Personal Data suppressed from our database, or otherwise let us know what limitations you would like to put on our use of your Personal Data. For your protection, we may only implement requests with respect to the Personal Data associated with your account, your email address or other account information that you use to send us your request, and we may need to verify your identity before implementing your request.

You may also opt out from receiving electronic communications from TOMTEC. If you no longer want to receive marketing-related emails on a going-forward basis, you may opt out by clicking the unsubscribe button at the bottom of each promotional email you receive from us.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g. when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Data provided until after the completing of such a purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed.

6. Special information for parents

The TOMTEC Pages are not directed to children, as defined under applicable law, and we do not knowingly collect Personal Data from children. It is, however, Philips policy to comply with the law when it requires parent or guardian permission before collecting, using or disclosing Personal Data of children. We are committed to protecting the privacy needs of children and we strongly encourage parents and guardians to take an active role in their children's online activities and interests.

If a parent or guardian becomes aware that his or her child has provided us with his or her Personal Data without their consent, please contact us at privacy@tomtec.de. If we become aware that a child has provided us with Personal Data, we will delete his/her data from our files.

7. How can you contact us?

If you have any questions about this Privacy Notice or about the way TOMTEC uses your Personal Data, please contact our Data Protection Officer at privacy@tomtec.de. Alternatively, you have the right to lodge a complaint with a supervisory authority competent for your country or region.

8. Special information for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

The collection and use of your IP address with Google Analytics, you can always disagree with future effect. For more information, see tools.google.com/dlpage/gaoptout. We point out that on this site Google Analytics to the code "gat._anonymizeIp ()" has been expanded to ensure an anonymous collection of IP addresses.

Last updated on 24 May 2018.