This privacy notice outlines TSI Group’s (TeDan Surgical Innovations, Inc., TeDan Surgical Innovations, GmbH, TeDan Surgical Innovations, BV, West Coast Surgical LLC, Axcess Surgical Innovations LLC) procedures for handling of your ‘Personal Data’. We have chosen to use the comprehensive General Data Protection Regulation (GDPR) as a framework for managing our protected data globally.
GDPR’s definition of ‘Personal Data’ is:
“Any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
TSI Group respects your privacy and is committed to protecting your Personal Data. This Privacy Notice will inform you as to how we handle your Personal Data and explain your privacy rights and protections.
1.0 Purpose of this Privacy Notice
1.1 This Privacy Notice aims to give you information on how TSI Group collects and processes your Personal Data.
1.2 We will comply with the GDPR and other applicable data privacy regulation. To comply, we confirm the Personal Data we hold about will be:
1.2.1 used lawfully, fairly and in a transparent way.
1.2.2 collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
1.2.3 relevant to the purposes we have told you about and limited only to those purposes.
1.2.4 accurate and kept up to date.
1.2.5 kept only if necessary for the purposes we have told you about.
1.2.6 kept securely.
1.3 It is important that you read this Privacy Notice so that you are fully aware of how and why we are using your data.
2.0 Contact details
2.1 TSI Group
Our Data Protection Officer is listed as: Avi Fishman, Operations Manager
Contact Email address: privacy@tedansurgical.com
Postal address: 12320 Cardinal Meadow Drive, Suite 150, Sugar Land, TX 77478
Telephone number: (+1) 713-726-0886
2.2 The full contact details for each company within TSI Group are:
TeDan Surgical Innovations, Inc.
12320 Cardinal Meadow Drive, Suite 150, Sugar Land, TX 77478, USA
TeDan Surgical Innovations, GmbH
Im Steinbruechle 12, 73441 Bopfingen, Germany
TeDan Surgical Innovations, BV
Kantstraat 19, NL-5076 NP Haaren, The Netherlands
West Coast Surgical, LLC
10727 Kinghurst Dr, Houston, TX 77099, USA
141 California Ave, Suite 101, Half Moon Bay, CA 94019, USA
Axcess Surgical Innovations, LLC
10727 Kinghurst Dr, Houston, TX 77099, USA
Each company may have additional localized consumer data protections in place; however, this notice will set the global baseline (minimum standards) for all TSI Group companies.
3.0 Changes to the Privacy Notice and your duty to inform us of changes
It is important that the Personal Data we hold about you is accurate and current.
Therefore, please keep us informed if your Personal Data changes during your relationship with us.
4.0 The data we collect about you
4.1 We may collect, use, store and transfer various categories of Personal Data about you which we have grouped together as follows:
· Identity Data includes first name, family name, last name, username or similar identifier, marital status, title, date of birth and gender, passport number / details, driving licence number / details.
· Contact Data includes billing address, delivery address, email address and telephone numbers.
· Employment Data includes role/position, organization, salary, start date
· Financial Data includes bank account, payment card details, and payroll data.
· Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
· Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website or intranet.
· Profile Data includes your username and password on our website, our intranet, purchases, or orders made by you, your preferences, and feedback and survey responses.
· Usage Data includes information about how you use our apps, website, intranet, products, and services.
· Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
· Clinical and Usability Data includes data from test subjects for use in clinical and usability studies of our products as part of our clinical process. This data is always anonymous.
4.2 We may also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data but is not considered Personal Data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Notice.
5.0 Special Categories of Personal Data:
5.1 Special Categories are details about:
· your race or ethnicity;
· religious or philosophical beliefs;
· sex life or sexual orientation;
· political opinions;
· trade union membership;
· information about your health; or
· genetic and biometric data.
5.2 We need to have further justification for collecting, storing, and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:
· In limited circumstances, with your explicit written consent.
· Where we need to carry out our legal obligations in connection with employment.
· Where it is needed in the public interest, such as for equal opportunities reporting.
5.3 Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.
5.4 In general, we will not process sensitive personal information about you unless it is necessary for performing or exercising obligations or rights in connection with employment or employment application. On rare occasions, there may be other reasons for processing, such as it is in the public interest to do so. The situations in which we will process your particularly sensitive personal information are listed below.
· We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments and to administer benefits including parental leave, sick leave, and disability claims. We need to process this information to exercise rights and perform obligations in connection with your employment.
· We will use information about your race or national or ethnic origin, religious, philosophical, or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
· We will use trade union membership information to pay or reimburse trade union premiums, register the status of a protected employee and to comply with employment law obligations.
5.5 We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
6.0 Information about criminal convictions
We may only use information relating to criminal convictions where the law allows. This will usually be where such processing is necessary to carry out specific obligations and in alignment with our privacy information protection policy.
6.1 We do not hold information about criminal convictions unless you are an employee or contractor of TSI Group or as part of the recruitment process.
6.2 We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so.
6.3 Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you while employed at TSI Group.
6.4 We will use information about criminal convictions and offences to determine your suitability for certain roles within TSI Group.
6.5 If you are employed by TSI Group, then we will continue to update and refresh any data and/or information in relation to criminal convictions periodically.
6.6 We are allowed to use your personal information in this way to carry out our obligations. We have in place an appropriate policy and safeguards which we are required by law to maintain when processing such data.
7.0 If you fail to provide Personal Data
Where we need to collect Personal Data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contracted activities we have with you (for example, to provide you with goods or services or employee benefits). In this case, we may have to cancel a product or service. Notification will be sent in advance explaining this situation.
8.0 We use different methods to collect data from and about you including through:
8.1 Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, and e-mail or otherwise. This includes Personal Data you provide when you:
· apply for our products or services;
· create an account on our websites;
· subscribe to our service or publications;
· request information (including marketing) to be sent to you;
· enter a promotion or complete a survey;
· give us some feedback;
· provide unsolicited information to us;
· apply for employment with us.
8.2 Automated interactions. As you interact with our website or intranet, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Personal Data by using cookies, and / or other similar technologies.
8.3 Third parties (or publicly available sources). We may receive categories of Personal Data about you from various third parties and public sources as set out below:
· Technical Data from analytics providers such as Google; advertising networks and search information providers.
· Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
· Identity and Contact Data from data brokers, aggregators, or recruitment agencies.
· Identity and Contact Data from publicly availably sources.
·
9.0 How we use your Personal Data
9.1 We will only use your Personal Data as the law allows. Most commonly, we will use your Personal Data in the following circumstances:
· Where we need to perform or provide the contracted services or products we are obligated to.
· Where we need to perform or provide the contracted services or products we are obligated to via our network of affiliated sales partners or distributors.
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
· Where we need to comply with a legal or regulatory obligation.
9.2 We may also use your Personal Data in the following situations, which are likely to be rare:
· Where we need to protect your interests (or someone else's interests).
· Where it is needed in the public interest or for official purposes.
9.3 Generally we do not rely on consent as a legal basis for processing your Personal Data other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
10.0 Purposes for which we will use your Personal Data
10.1 We have set out below, in a table format, a description of all the ways we plan to use your Personal Data (which is not considered as special categories), and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
10.2 Please note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need additional details about the specific legal ground we are relying on to process your Personal Data where more than one ground has been set out in the table below.
|
Purpose/Activity |
Category of Personal Data |
Lawful basis for processing including basis of legitimate interest |
|
To register you as a new client, or customer. |
(a) Identity (b) Contact |
Performance of a contract with you |
|
To process and deliver your service or order including: (a) Manage payments, fees, and charges (b) Collect and recover money owed to us |
(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests · to recover debts due to us. |
|
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey
|
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Financial |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests · to keep our records updated, · to study how customers and clients use our products/services.
|
|
To enable you to participate in marketing campaigns or complete a survey |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests · to study how customers use our products/services; and · to develop them and grow our business. |
|
To administer and protect our business and our intranet and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
(a) Identity (b) Contact (c) Profile (d) Technical (e) Usage |
(a) Necessary for our legitimate interests · for running our business relationships, · provision of administration and IT services, network security, · to prevent fraud and · in the context of a business reorganisation or group restructuring exercise. (b) Necessary to comply with a legal obligation |
|
To deliver relevant app & website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
Necessary for our legitimate interests · to study how customers use our products/services, · to develop them, · to grow our business and · to inform our marketing strategy. |
|
To use data analytics to improve our apps, websites, products/services, marketing, customer relationships and experiences |
(a) Technical (b) Usage |
Necessary for our legitimate interests · to define types of customers for our products and services; · to keep our website updated and relevant; · to develop our business; and, · to inform our marketing strategy. |
|
To make suggestions and recommendations to you about goods or services that may be of interest to you |
(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile |
Necessary for our legitimate interests · to develop our products/services; and, · to grow our business. |
11.0 Marketing
11.1 We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising. We have established the following Personal Data control mechanisms:
· Promotional material from us.
o We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products/services and offers may be relevant for you.
o You will receive marketing communications from us if you have requested information from us or purchased products or our services from us and, in each case, you have opted-in to receiving that marketing. This opt-in may be the default selection on request forms on our website, which can be deselected by the submitter or later unsubscribed on request.
· Third-party marketing.
o We will get your express opt-in consent before we share your Personal Data with any company outside of TSI Group for marketing purposes.
· Opting out.
o You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.
o Where you opt-out of receiving these marketing messages, this will not apply to Personal Data provided to us related to a product/service purchase, warranty, product/service experience or other transactions.
· Cookies.
o Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
o To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
12.0 Change of purpose
12.1 We will only use your Personal Data for the purposes for which we collected it, unless we consider that we need to use it for another reason and that reason is compatible with the original purpose.
12.2 If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
12.3 Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
13.0 Disclosures of your Personal Data
13.1 We may have to share your Personal Data with the parties set out below for the purposes set out in the table above.
· Internal Third Parties: other companies or departments in TSI Group acting as processors or joint controllers and provide IT and system administration services.
· External Third Parties: service providers acting as processors which provide IT services, systems support, learning, training, and system administration services
· Other Third Parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Privacy Notice.
· Professional advisers: acting as processors or joint controllers including lawyers, bankers, auditors, and insurers who may provide consultancy, banking, legal, insurance and accounting and payroll services.
· Internal Revenue Service or Department of Labor, regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
13.2 We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.
14.0 International transfers (for EU customers and residents)
14.1 For EU residents, most of our external third parties are based outside the European Economic Area (EEA) so their processing of your Personal Data will involve a transfer of data outside the EEA.
14.2 Whenever we transfer your Personal Data out of region, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
· We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission.
· Where we use certain service providers, we require use specific contracts, confidentiality, and data purpose review to ensure Personal Data the same protection it has in Europe.
15.0 Data security
15.1 We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties on a “need to know” basis. They will only process your Personal Data on as instructed for their role. All parties are subject to a confidentiality agreement as well.
15.2 We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
16.0 Data retention
16.1 We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
16.2 To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
16.3 In some circumstances we may anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
17.0 Your legal rights
17.1 Under certain circumstances, you have rights under data protection laws in relation to your Personal Data to request the following:
· access to your Personal Data;
· correction of your Personal Data;
· removal of your Personal Data;
· object to future processing of your Personal Data;
· restrict of future processing your Personal Data;
· transfer of your Personal Data.
· withdraw consent to any consent that you have previously given.
17.2 If you wish to exercise any of the rights set out above, please contact us at privacy@tedansurgical.com.
17.3 You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
18.0 What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
19.0 Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made multiple requests. In this case, we will notify you and keep you updated.
|
Revision Date |
Summary of Changes |
|
6/3/2024 |
Initial Release |
