Data Privacy Information Notice to non-Teledyne FLIR parties

(Security & Export control and sanctions laws compliance in case of site visits, transactions)

This Information Notice, covers how Teledyne FLIR LLC, 27700 SW Parkway Ave, Wilsonville, Oregon 97070, who is the data controller (“Teledyne FLIR”, “we”, “us”, “our”) collects, uses, and discloses personal data we may obtain about you as a non-Teledyne FLIR individual  having purchased a Teledyne FLIR product or service from a distributor, or representing a customer, distributor, payor, bank, IT provider, vendor, supplier, consignee, freight forwarder, broker or any other Non-Teledyne FLIR entity directly or indirectly involved in a transaction covering Teledyne FLIR products and/or services (each a “Recipient”): i) when you visit a Teledyne FLIR facility on behalf of your employer, or ii) prior to receiving any export-controlled information or software or defense services from Teledyne FLIR, or iii) prior to your employing company becoming a new customer of Teledyne FLIR, or entering into any transaction or business activity with Teledyne FLIR;

As a Recipient (corporate entity or government body) represented by any individual as referred to above, or reselling a Teledyne FLIR product or service to a private end user, please share this Information Notice with each such individual (“Affected Individual”, to be addressed in this notice as “you”), within one month at the latest.

Teledyne FLIR is the data controller of your personal data as described in this Information Notice. For the purpose of Sanctions Screening (as described in section 2), Teledyne FLIR is a controller of your personal data jointly with any Teledyne FLIR affiliate who operates the site relevant to the visit or who is relevant (i.e. as the contracting party) to the transaction or business activity.  In those cases, both Teledyne FLIR and the relevant Teledyne FLIR affiliate are joint controllers, which means they jointly determine the purposes of the processing of your personal data in relation to Sanctions Screening. 

 

  1. Personal data: We process the following personal data you (or your employer) have provided to us: prior to your employer entering into a transaction with Teledyne FLIR, your full name, email address, telephone number, position or title; prior to or when visiting a Teledyne FLIR facility site: contact information, such as full name, e-mail address, telephone number, position or title, your employer’s name; start and check out time and date of your visit, your photograph, and/or information contained in ID cards (“Personal Data”). In relation to Sanctions Screening (as defined in section 2 and if applicable to you, i.e. as a visitor on your own behalf or on behalf of your employer or as a private end user customer having purchased Teledyne FLIR products via a distributor) or if screening you as a representative of a company engaging in a transaction with Teledyne FLIR such as the owner, beneficial owner, authorized signatory or other contact person is required, we may also process the following data (all of which are also Personal Data): current and past citizenship and permanent residence, your full name (date of birth, nationality, and/or address in order to reduce, eliminate or resolve potential mismatches with any names appearing on any Lists as defined in section 2), as well as the confirmation of whether you appear on a List ( We do not collect that directly from you, instead we collect it from third party sources. This is because the relevant published List is operated by a third party source) and 3) additional research by using publicly available information if this is required in case of doubt, in order to eliminate a false positive match.
  2. Purpose: A. We process Personal Data about you in the framework of the business relationship Teledyne FLIR may have with any Recipient, which you, as our physical contact person thereof, are representing. B. We process the Personal Data, in accordance with any applicable export control and sanctions laws of the Union or a Member State, of the US or of any other country (“Export and Sanctions Laws”), to: i)  identify and submit approval requests for any transaction or business activity (incl. creating a new customer profile, applying for export license, entering into a contract or accepting an offer, making or receiving a payment, allowing access to a Teledyne FLIR facility) with a non-Teledyne FLIR party, (ii) to manage any activity under and review, any existing export license; (iii) to screen you against prohibited parties’ lists (“Lists”) in order to comply with Export and Sanctions Laws (”Sanctions Screening”), prior to: a) personally receiving any export-controlled item incl. information and defense services, or b) engaging indirectly in a transaction with Teledyne FLIR or c) representing a company engaging in a transaction with Teledyne FLIR and screening you if required, or d) to visiting or receiving access to Teledyne FLIR facilities or the Teledyne FLIR network (and to that effect issue the appropriate visitor’s badge to you or any other Affected Individual) in order to prevent unauthorized access to controlled items subject to Export Laws in the Teledyne FLIR facilities;  C. In addition, we process Personal Data to i) ensure the safety of Teledyne FLIR facilities, staff and visitors, and to allow us to locate you, when you are inside our facilities, in case of any incidents, ii) to comply with a judicial proceeding, court order, or legal process; and iii) to prevent or detect crime;
  3. Legal basis: If we process Personal Data in order to comply with Export controls of the Union or a Member State, the legal basis for such processing is compliance with a legal obligation (Art. 6 (1) c) GDPR). If we process personal data to enable our business or pursue our legitimate interests (i.e. to comply with non-EU export controls, and ensure safety of Teledyne FLIR facilities and of our visitors) the legal basis is Art. 6 (1) f) GDPR.

In relation to Sanctions Screening, when our processing of your Personal Data is for compliance with a law which directly applies to the Teledyne FLIR affiliate you are visiting or which is entering into a relevant transaction, we will process your personal data to comply with that law, meaning this processing is justified by our legal obligations (Article 6 (1) c) GDPR).  Whereas, when such processing relates to a law which directly applies to Teledyne FLIR Systems, Inc, we will process your Personal Data for the legitimate interests of Teledyne FLIR LLC (and the relevant Teledyne FLIR affiliate): more specifically they both have legitimate interests in ensuring that no member of the Teledyne FLIR group of companies breaches applicable laws, suffers reputation damage and/or has sanctions taken against them.  It will also be a legitimate interest of the Teledyne FLIR affiliate to assist Teledyne FLIR LLC to comply with its own applicable laws.  We have carefully balanced all these legitimate interests against your rights and freedoms under data protection laws.  Those rights and freedoms do not outweigh these legitimate interests.  The Sanctions Screening has positive consequences for you if you are not on a List (i.e. we can continue to proceed with your visit or the relevant transaction) and, to the extent that you are on a List, the consequences to you in not being permitted to visit our site or the consequences to you of the relevant transaction not being entered into by us are outweighed by what the consequences would be for Teledyne FLIR if it was to allow you to visit the site or allow the relevant transaction to proceed.

  1. Sharing of personal data: In accordance with applicable data protection laws, we may share Personal Data with: (1) our affiliates, meaning any company, corporation or other entity that directly or indirectly controls, or is controlled by, or is under common control of, Teledyne FLIR. Teledyne FLIR does not allow access to Personal Data by Teledyne FLIR employees, unless Teledyne FLIR employees require access to fulfil their responsibilities. In relation to Sanctions Screening, negative results of screening of your name against any Lists will not be shared with any other Teledyne FLIR entities other than Teledyne FLIR LLC and the relevant Teledyne FLIR affiliate which is relevant to the potential visit/transaction.; (2) applicable government agencies or law enforcement officials, if required for the purposes above, if mandated by law, or if required for the legal protection of our legitimate interests in compliance with applicable laws; (3) our service providers who work on behalf of Teledyne FLIR (including our screening service providers, whose database Teledyne FLIR uses to conduct the Sanctions Screening), including to fulfil our contract with you; or (4) other organizations in the event of a merger, asset sale, or other related transaction.
  2. Transfer of Personal Data outside the EEA: The Personal Data may be transferred to any country, including countries outside the European Economic Area (EEA), for purposes set out in this Information Notice. The purposes and processing associated with any such transfer will comply with all applicable data protection regulations. Where Personal Data is transferred outside the EEA, and where this is to a recipient in a country that is not subject to an adequacy decision by the EU Commission, data is adequately protected by EU Commission approved standard contractual clauses or an appropriate Privacy Shield certification. In respect of personal data processed in relation to Sanctions Screening, in relation to which Teledyne FLIR LLC and the Teledyne FLIR affiliate which is relevant to your visit or the transaction, Teledyne FLIR LLC, and that Teledyne FLIR affiliate, are jointly responsible for the protection of the relevant personal data.
  3. Data retention: We will keep the Personal Data for as long as is necessary to fulfil the purpose it was initially collected for, and in accordance with applicable minimum retention periods under any applicable laws: i) when your personal data is collected solely for the purposes of ensuring your safety when visiting a Teledyne FLIR facility, your data will be kept for a period not exceeding 1 month following your visit; ii) Under Belgian Export control laws records must be kept for a minimum of seven (7) years as from the end of the calendar year in which the last activity under the license took place; Under Swedish export control laws  records must be kept for a minimum of five (5) or seven (7) years (depending on the type of product involved)  as from the end of the calendar year in which the last activity under the license took place. Under US Export control and Sanctions laws records must be retained for a period of at least five (5) years (as from the date of expiration of a license under which the activity occurred, or the date of the transaction, or receipt of the boycott-related request, or completion of the defense service or transfer of export-controlled information or software), and  related email correspondence (inboxes and  sent boxes of Teledyne FLIR’s competent staff) for a period of at least 7 years. Thereafter, we may retain Personal Data for an appropriate period to administer our business or to protect ourselves from legal claims. We will delete your Personal Data when you object to the processing in accordance with Art. 21 GDPR (as mentioned in Section 7).
  4. Rights of Affected Individuals: The representatives of Recipients, private end-users and other Affected Individuals will have the right to, subject to the applicable conditions and any applicable legal minimum retention periods, request from us : (1) at any time information as to whether and how we process their Personal Data and to receive access to their Personal Data or to receive a copy thereof (Art. 15 GDPR); (2) to correct or complete the Personal Data (Art. 16 GDPR); (3) to object to the processing of their Personal Data (Art. 21 GDPR), to restrict our use of their Personal Data (Art. 18 GDPR) and to delete it (Art. 17 GDPR); (4) to request a copy of the Personal Data in a structured, commonly used and machine-readable format (Art. 20 GDPR).

If providing the Personal Data to us is required to fulfil a legal or contractual obligation, providing it is mandatory and if you do not provide it, we cannot perform the contract or fulfil our obligations. If requesting the Personal Data is required to pursue our legitimate interest of complying with foreign export control and sanctions laws, not providing it may prevent us from entering in the contemplated transaction or providing the service, or from granting access to our facilities.

In all other cases, the provision of the requested Personal Data is voluntary. Affected Individuals, individuals representing any Recipients and private end-users may always lodge a complaint with a supervisory authority, in particular with the supervisory authority in the EU Member State where he or she resides.

If you have queries or wish to exercise your data protection rights in relation to Sanctions Screening, for which Teledyne FLIR LLC and the Teledyne FLIR affiliate which is relevant to your visit or the transaction are joint controllers, Teledyne FLIR LLC, and the Teledyne FLIR hosting or contracting affiliate have arranged that the latter will deal with requests which relate to the personal data processing jointly controlled by them.

 

  1. Contact us: For any questions or concerns relating to this notice, our data protection practices, or to exercise your rights, please contact us at:

FLIR Systems Trading Belgium BVBA, Luxemburgstraat 2,

2321 Meer, Belgium

Phone: +32 (0) 3665 5100

E-Mail: PersonalDataManager@flir.com