External Privacy Notice

Last Updated: 17-August-2018

We respect the privacy of every person who visits or registers with https://us.toshiba-memory.com/ecosystem (the “Site”) and we are further committed to ensuring a safe online experience. We also respect the privacy of every person who uses the products and services that we make available from the Site or who engages with us to use the products or services that Toshiba Memory America, Inc. provides (be it through the Site or not) (our “Services”).

1 Purpose of this Policy

This privacy notice (“Privacy Notice”) explains our approach to any personal information that we might collect from you or which we have obtained about you from a third party and the purposes for which we process your personal information. This Privacy Notice also sets out your rights in respect of our processing of your personal information. For more information click here.
This Privacy Notice will inform you of the nature of the personal information about you that is processed by us and how you can request that we delete, update, transfer and/or provide you with access to it.

This Privacy Notice is intended to assist you in making informed decisions when using the Site and our Services and/or to understand how your personal information may be processed by us as a result of providing the Services to others. Please take a moment to read and understand it. Please note that when using the Site it should be read in conjunction with our Website Terms of Use.

Please also note that this Privacy Notice only applies to the use of your personal information obtained by us, it does not apply to your personal information collected during your communications with third parties.

2 Who Are We and What Do We Do?

The Site and our Services are operated by Toshiba Memory America, Inc., (“TMA”, “we”, “us” or “our”). For more information click here.
TMA is the data controller responsible for your personal information processed via the Site.

TMA is a United States company whose registered office is at 5231 California Ave. Irvine, CA 92617.

3 How to Contact Us?

If you have any questions about this Privacy Notice or want to exercise your rights set out in this Privacy Notice, please contact us by:

4 What Personal Information Do We Collect and How Dow We Use It?

Our primary goal in collecting personal information from you may be to: (i) verify your identity; (ii) help us deliver our Services; (iii) improve, develop and market new Services; (iv) carry out requests made by you on the Site or in relation to our Services; (v) investigate or settle inquiries or disputes; (vi) comply with any applicable law, court order, other judicial process, or the requirements of a regulator; (vii) enforce our agreements with you; (viii) protect the rights, property or safety of us or third parties, including our other customers or subscribers and users of the Site or our Services; (ix) provide support for the provision of our Services; (x) recruitment purposes; and (xi) use as otherwise required or permitted by law.

To undertake these goals we may process the following personal information:

If you are a visitor to the Site:

  • Name and job title.
  • Contact information including email address.
  • Demographic information such as postcode, preferences and interests.
  • Other information relevant to provision of Services.
  • Other personal information that you elect to provide to us through your engagement with the Services including in the “Contact Us” submission fields.

If you are an individual customer or subscriber in receipt of our Services or prospective individual customer or subscriber:

  • Name and job title.
  • Company name and industry.
  • Contact information including email address, home address, phone number(s).
  • IP Address relevant to download of supporting software.
  • Other information relevant to provision of Services.
  • Information that you provide to us as part of our providing the Services to you.
  • Product information related to your returns including dates of purchase and location of purpose or use of such products related to warranty servicing.

If you are an individual whose personal information may be processed by us as a result of providing the Services to others (including individual clients and corporate clients) we will process a variety of different personal information depending on the Services provided in question.

For instance, if we are providing technical support to a customer we may be provided with, and then process, personal information about that customer including but not limited to name, contact details and product information.

We might also need to process personal information in relation to your request to join interest lists related to products described on the Site.

We also require personal information details in order to process any RMAs or provide warranty services to you through the Site.

The following is a non-exhaustive list which is reflective of the varied nature of the personal information processed as part of our business.

  • Fulfilment of Services. For more information click here.
    We collect and maintain personal information that you voluntarily submit to us during your use of the Site and/or our Services to enable us to perform the Services.

    Who do we share your personal information with for this purpose?
    We may share personal information with a variety of the following categories of third parties as necessary when providing the Services:

    • Other Toshiba entities that may provide responses to contact inquiries or provide similar services or may be able to assist you depending on your input.
    Please note this list is non-exhaustive and there may be other examples where we need to share with other parties in order to provide the Services as effectively as we can.

    What is our legal basis?
    It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you or it is in our legitimate interest or a third party’s legitimate interest to use personal information in such a way to ensure that we provide the Services in the best way that we can.
  • Customer services. For more information click here.
    Our Site uses various user interfaces to allow you to request information about our Services. Contact information may be requested in each case, together with details of other personal information that is relevant to your Service enquiry. This information is used in order to enable us to respond to your requests.

    Who do we share your personal information with for this purpose?
    We do not share your personal information for this purpose.

    What is our legal basis?
    It is in our legitimate interest or a third party’s legitimate interest to use your personal information in such a way to ensure that we provide the very best client service we can to you or others.
  • Your feedback about our Services. For more information click here.
    From time to we will contact you to invite you to provide feedback about our Services in the form of online or postal. We use this information to help us improve the quality of service provided by our staff. We also use your feedback to monitor the quality of our Services.

    Who do we share your personal information with for this purpose?
    We use a third party service provider to assist us with client surveys and feedback requests.

    What is our legal basis?
    It is in our legitimate business interests to use the information you provide to us in your feedback for the purposes described above.
  • Business administration and legal compliance. For more information click here.
    We use your personal information for the following business administration and legal compliance purposes:

    • to comply with our legal obligations;
    • to enforce our legal rights;
    • protect rights of third parties; and
    • in connection with a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets.
    Who do we share your personal information with for this purpose?
    We will share your personal information with professional advisers such as lawyers and accountants and/or governmental or regulatory authorities.

    What is our legal basis?
    Where we use your personal information in connection with a business transition, to enforce our legal rights, or to protect the rights of third parties it is in our or a third party’s legitimate interest to do so. For all other purposes described in this section, it is our legal obligation to use your personal information to comply with any legal obligations imposed upon us.
  • Client insight and analysis. For more information click here.
    We analyse your contact details with other personal information that we observe about you from your interactions with our Site, our email communications to you and/or with our Services such as the Services you have viewed.

    Where you have given your consent (where lawfully required), we use cookies, log files and other technologies to collect personal information from the computer hardware and software you use to access the Site, or from your mobile. This includes the following:
    • an IP address to monitor Site traffic and volume;
    • a session ID to track usage statistics on our Site;
    Our web pages and e-mails contain “cookies” "web beacons" or “pixel tags.” (“Tags”). Tags allow us to track receipt of an e-mail to you, to count users that have visited a web page or opened an e-mail and collect other types of aggregate information. Once you click on an e-mail that contains a Tag, your contact information may subsequently be cross-referenced to the source e-mail and the relevant Tag.

    In some of our e-mail messages, we use a “click-through URL” linked to certain website administered by us or on our behalf.

    Please see Section 6 for further information.

    We may also collect your IP address when you download supporting software for our products. Your IP address will not be used to match with any other identifiable information about you and is only collected for statistical and internal security procedures purposes. If collected in this manner, your IP address will not be shared with any third-parties unless necessary for such statistical or security purposes.

    By using this information, we are able to measure the effectiveness of our content and how visitors use our Site and our Services. This allows us to learn what pages of our Site are most attractive to our visitors, which parts of our Site are the most interesting and what kind of offers our registered users like to see.

    We also use this information for marketing purposes (see the marketing section below for further details).

    Who do we share your personal information with for these purposes?

    We share your personal information with a variety of third party service providers to assist us with client insight analytics. These providers include for example Google Analytics. Other providers are described in Section 6 hereof.

    What is our legal basis?
    Where your personal information is completely anonymised, we do not require a legal basis to use it as the information will no longer constitute personal information that is regulated under data protection laws. However, our collection and use of such anonymised personal information may be subject to other laws where your consent is required. Please see Section 6 hereof for further details.

    Where your personal information is not in an anonymous form, it is in our legitimate interest to use your personal information in such a way to ensure that we provide the very best products and services to you and our other clients.
  • Marketing communications.
    We carry out the following marketing activities using your personal information:
    • Postal marketing. For more information click here.
      We use information that we observe about you from your interactions with our Site, our email communications to you and/or with Services (see the Client Insight and Analysis section above for more details of the information collected and how it is collected) and/or your address details, to send you marketing communications by post.

      Who do we share your personal information with for this purpose?
      We share your personal information with a variety of third party postal providers who assist us in delivering our postal marketing campaigns to you, including the post office.

      What is our legal basis?
      Where your personal information is completely anonymised, we do not require a legal basis to use it as the personal information will no longer constitute personal information that is regulated under data protection laws. However, our collection and use of such anonymised information may be subject to other laws where your consent is required. Please see Section 6 hereof for further details.

      Where your personal information is not in an anonymous form, such as your postal address, it is in our legitimate interest to use your personal information for postal marketing.
    • Email marketing. For more information click here.
      We use information that we observe about you from your interactions with our Site, our email communications to you and/or with our Services (see the Client Insight and Analysis section above for more details of the information collected and how it is collected) and/or your email address, to send you marketing communications by email, where you have consented to receive such marketing communications, or where we have another lawful basis to do so.

      Who do we share your personal information with for these purposes?
      We share your personal information with a variety of third party email marketing providers who assist us in delivering our email marketing campaigns to you.

      What is our legal basis?
      Where your personal information is completely anonymised, we do not require a legal basis to use it as the personal information will no longer constitute personal information that is regulated under data protection laws. However, our collection and use of such anonymised personal information may be subject to other laws where your consent is required. Please see Section 6 hereof for further details.

      Where your personal information is not in an anonymous form, it is in our legitimate interest to use your personal information for marketing purposes. We will only send you marketing communications via email where you have consented to receive such marketing communications, or where we have a lawful right to do so.
    • Online personalised advertising. For more information click here.
      We use information that we observe about you from your interactions with our Site, our email communications to you and/or with Services (see the Client Insight and Analysis section above for more details of the information collected and how it is collected) to provide you with personalised online advertising.

      Who do we share your personal information with for these purposes?
      We share your personal information with a variety of third party service providers who assist us with our online personalised advertising campaigns. These providers are described in our Section 6 hereof.

      What is our legal basis?
      Where your personal information is completely anonymised, we do not require a legal basis to use it as the personal information will no longer constitute personal information that is regulated under data protection laws. However, our collection and use of such anonymised personal information may be subject to other laws where your consent is required. Please see Section 6 hereof for further details.

      Where your personal information is not in an anonymous form, it is in our legitimate interest to use your personal information for marketing purposes.
  • Any other purposes for which we wish to use your personal information that are not listed above, or any other changes we propose to make to the existing purposes will be notified to you using your contact details.

5 How Do We Obtain Your Consent

Where our use of your personal information requires your consent, you can provide such consent:

  • at the time we collect your personal information following the instructions provided; or
  • by informing us by e-mail, post or phone using the contact details set out in this Privacy Notice.

6 Our Use of Cookies and Similar Technologies

In order to improve the Site and the Services provided thereon and to provide more convenient, relevant experiences to our customers, we and our agents may use “cookies”, “web beacons” and similar devices to track your activities. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. A cookie functions as your identification card and enables us to record your passwords and preferences. A cookie cannot be executed as code or deliver viruses. A web beacon is a small transparent .gif image that is embedded in an HTML page or email used to track when the page or email has been viewed. A similar tool may be used that may send data to a server when a set of user-initiated events occur such as for instance when the “Add to Cart” button is clicked. This tool is similar to a cookie. It tracks your visit and the data can only be read by the server that receives the data. It is different than a cookie in that it is not browser-based, may not function as an identification card and does not store any data on your computer.

While we use cookies and similar tools to track your use of the Site and the Services provided thereon and web servers automatically log the IP/Internet address of your computer, we do not generally use this information to identify you personally. Exceptions to this are noted in this Privacy Policy. For example, if you expressly provide consent for the Site and/or Services provided thereon to “remember” the unique identifier that you select when you register for various activities on the Site or Service that unique identifier will be stored as a persistent cookie on your computer and that unique identifier will be linked to your registration information. As a result, your navigation path around the Site and the Services provided thereon will be tracked in identifiable form. Most browsers are initially set to accept cookies, and most services that include similar devices are typically initially activated to collect data. You can set your browser to notify you when you receive a cookie. This gives you the chance to decide whether or not to accept it (Cookies are obligatory for some web pages that require authorization. Users choosing not to accept cookies or similar tools will probably not be able to access those pages or the related products and/or services). Information about non-cookie tracking devices and their features, including disabling options, are contained in the information materials provided with such services or on Site pages relating to such services.

For more information on third-party advertising-related cookies and how to exercise your choice to opt-out of them, please visit www.aboutads.info/choices and/or www.networkadvertising.org/choices/. Further general information about cookies and how they work is available at www.allaboutcookies.org.

Google AdWords Remarketing

We use Google AdWords Remarketing to advertise our Site and Services across the internet, in particular Google Display Network. AdWords remarketing will display ads to you based on what parts of the Site you visited. To achieve this, the Site places a cookie in your web browser. This cookie does not in any way identify you or give access to your computer or mobile device.

The cookie is only used to indicate the following to other websites: “This person visited a particular page, so show them ads relating to that page.”

Google AdWords Remarketing allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you.

If you do not wish to see ads from us, you can opt out in the following ways:

Disable “Ads Personalization” in Google’s Ads Settings.

Opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative’s opt-out page.

Google Analytics

This Site 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 Site to analyze how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States of America. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the Site provider, Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for website operators and providing other services relating to Site activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. The legal basis for the use of Google Analytics is your consent in accordance with Art. 6 para. 1 lit. a GDPR. The recipient of the collected data is Google. Personal data will be transferred to the USA under the EU-US Privacy Shield on the basis of the European Commission’s adequacy decision. You can download the certificate https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI

The data sent by us and linked to cookies, user-identifiers (e.g. User-IDs) or advertising-identifiers are automatically deleted after 14 months. Data whose retention period has been reached is automatically deleted once a month.

You can revoke your consent at any time with effect for the future by blocking the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functionalities of this website to their full extent.

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 Site. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB. An opt-out cookie will be set on the computer, which prevents the future collection of your data when visiting this site.

Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/.

Please note that on this Site, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses (so called IP-masking).

7 Third Party Contractors and Other Controllers

As mentioned above, we may appoint sub-contractor data processors as required to deliver the Services, such as, without limitation, third-party servers that will store or process personal information on our behalf and at our direction. We conduct an appropriate level of due diligence and put in place necessary contractual documentation in relation to any sub-contractor to ensure that they process personal information appropriately and according to our legal and regulatory obligations.

Further, we may appoint external data controllers in common where necessary to deliver the Services (for example, but without limitation other Toshiba entities). When doing so we will comply with our legal and regulatory obligations in relation to the personal information including but without limitation where necessary putting appropriate safeguards in place to ensure any personal information is processed according to our legal and regulatory obligations.

8 Extra-EEA Transfers

If you are based within the EEA, please note that where necessary to deliver the Services we will transfer personal information to countries outside the EEA (including to TMA and Toshiba’s US entities) and other Japanese entities via TMA’s Data Sharing Agreement). When doing so we will comply with our legal and regulatory obligations in relation to the personal information including but without limitation having a lawful basis for transferring personal information and putting appropriate safeguards in place to ensure an adequate level of protection for the personal information.

9 How Long Do We Keep Your Personal Information For?

Regarding visitors to the Site, will retain relevant personal information for at least three years from the date of our last interaction with you and in compliance with our obligations under the EU General Data Protection Regulation (or similar legislation around the world) (or for longer as we are required to do so according to our regulatory obligations or professional indemnity obligations).

Regarding personal information we have processed as part of providing the Services to any client, we will retain relevant personal information for at least six years from the date of our last interaction with that client and in compliance with our obligations under the EU General Data Protection Regulation (or similar legislation around the world) (or for longer as we are required to do so according to our regulatory obligations or professional indemnity obligations). We may then destroy such files without further notice or liability. If you request your files and documents we may charge you for the costs of copying a duplicate.

If personal information is only useful for a short period e.g. for specific marketing campaigns we may delete it.

10 Confidentiality and Security of Your Personal Information

We are committed to keeping the personal information provided to us secure and we will take reasonable precautions to protect personal information from loss, misuse or alteration. For more information click here.
We have implemented information security policies, rules and technical measures to protect the personal information that we have under our control from:

• unauthorised access;
• improper use or disclosure;
• unauthorised modification; and
• unlawful destruction or accidental loss.

All of our members, employees, workers and data processors (i.e. those who process your personal information on our behalf, for the purposes listed above), who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of the personal information of all visitors to the Site and all users of our Services.

11 How to Access Your Information and Your Other Rights?

You may have the following rights in relation to the personal information we hold about you depending on the applicable data privacy laws in your home country:

  • Your right of access. For more information click here.
    If you ask us, we’ll confirm whether we’re processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
  • Your right to rectification. For more information click here.
    If the personal information we hold about you is inaccurate or incomplete, you’re entitled to have it rectified. If you are entitled to rectification and if we’ve shared your personal information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
  • Your right to erasure. For more information click here.
    You can ask us to delete or remove your personal information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable). If you are entitled to erasure and if we’ve shared your personal information with others, we’ll let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
  • Your right to restrict processing. For more information click here.
    You can ask us to ‘block’ or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or you object to us. If you are entitled to restriction and if we’ve shared your personal information with others, we’ll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
  • Your right to data portability. For more information click here.
    With effect from 25 May 2018, you have the right, in certain circumstances, to obtain personal information you’ve provided us with (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
  • Your right to object. For more information click here.
    You can ask us to stop processing your personal information, and we will do so, if we are:
    • relying on our own or someone else’s legitimate interests to process your personal information, except if we can demonstrate compelling legal grounds for the processing; or
    • processing your personal information for direct marketing.
  • Your rights in relation to automated decision-making and profiling. For more information click here.
    You have the right not to be subject to a decision when it’s based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.
  • Your right to withdraw consent. For more information click here.
    If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.
  • Your right to lodge a complaint with the supervisory authority. For more information click here.
    If you have a concern about any aspect of our privacy practices, including the way we’ve handled your personal information, you can report it to the UK Information Commissioner’s Office (ICO). You can find details about how to do this on the ICO website at https://ico.org.uk/concerns/ or by calling their helpline on 0303 123 1113 or other applicable local countries’ similar offices.

12 Collection of Information by Third-Party Sites and Sponsors

The Site contains links to other sites whose information practices may be different than ours. Visitors should consult the other sites' privacy notices as TMA has no control over information that is submitted to, or collected by, these third parties.

13 Changes to This Privacy Policy

We may make changes to this Privacy Notice from time to time. For more information click here.
To ensure that you are always aware of how we use your personal information we will update this Privacy Notice from time to time to reflect any changes to our use of your personal information. We may also make changes as required to comply with changes in applicable law or regulatory requirements. We will notify you by e-mail of any significant changes. However, we encourage you to review this Privacy Notice periodically to be informed of how we use your personal information.