Alcon – General Privacy Notice for Suppliers and Customers
You are receiving this Privacy Notice because Alcon Cusí, S.A., located in Gran Via de las Corts Catalanes, n.764, C.P. 08013, Barcelona is processing information about you, which constitutes “personal data”, and Alcon considers the protection of your personal data and privacy a very important matter.
Alcon is responsible for the processing of your personal data as it decides why and how it is processed, thereby acting as the “controller”. In this Privacy Notice, “we” or “us” refers to Alcon.
We invite you to carefully read this Privacy Notice, which sets out in which context we are processing your personal data and explains your rights and our obligations when doing so.
Should you have any further question in relation to the processing of your personal data, we invite you to contact our data privacy officer [email protected].
What information do we have about you?
This information may either be directly provided by you or provided by our supplier or service provider (i.e. the legal entity for whom you work).
We may collect various types of personal data about you, including:
your general and identification information (e.g. name, first name, last name, gender, date and place of birth, nationality, ID card or passport numbers, email and/or postal address, fixed and/or mobile phone number and car registration number);
your function (e.g. title, position and name of company);
for natural persons acting as clients, suppliers or service providers, financial information (e.g. bank account details); and
your electronic identification data where required for the purpose of the delivery of products or services to our company (e.g. login, access right, passwords, badge number, IP address, online identifiers/cookies, logs, access and connexion times, image recording or sound such as badge pictures, CCTV or voice recordings).
If you intend to provide us with personal data about other individuals (e.g. your colleagues or employees), you must provide a copy of this Privacy Notice to the relevant individuals, directly or through your employer.
For which purposes do we use your personal data and why is this justified?
2.1 Legal basis for the processing
We will not process your personal data if we do not have a proper justification foreseen in the law for that purpose. Therefore, we will only process your personal data if:
we have obtained your prior consent;
the processing is necessary to perform our contractual obligations towards you or to take pre-contractual steps at your request;
the processing is necessary to comply with our legal or regulatory obligations; or
the processing is necessary for our legitimate interests and does not unduly affect your interests or fundamental rights and freedoms.
Please note that, when processing your personal data on this last basis, we always seek to maintain a balance between our legitimate interests and your privacy. Examples of such ‘legitimate interests’ are data processing activities performed:
to benefit from cost-effective services (e.g. we may opt to use certain platforms offered by suppliers to process data);
to offer our products and services to our customers;
to prevent fraud or criminal activity, misuses of our products or services as well as the security of our IT systems, architecture and networks;
to sell any part of our business or its assets or to enable the acquisition of all or part of our business or assets by a third party; and
to meet our corporate and social responsibility objectives.
2.2 Purposes of the processing
We always process your personal data for a specific purpose and only process the personal data, which is relevant to achieve that purpose. In particular, we process your personal data for the following purposes:
manage our clients and also our suppliers and service providers throughout the supply chain;
organise tender-offers, implement tasks in preparation of or to perform existing contracts;
monitor activities at our facilities, including compliance with applicable policies as well as health and safety rules in place;
grant you access to our training modules allowing you to provide us with certain services;
manage our IT resources, including infrastructure management and business continuity;
preserve the company’s economic interests and ensure compliance and reporting (such as complying with our policies and local legal requirements, tax and deductions, managing alleged cases of misconduct or fraud, conducting audits and defending litigation);
manage mergers and acquisitions involving our company;
archiving and record-keeping;
billing and invoicing; and
any other purposes imposed by law and authorities.
Who has access to your personal data and to whom are they transferred?
We will not sell, share, or otherwise transfer your personal data to third parties other than those indicated in this Privacy Notice.
In the course of our activities and for the same purposes as those listed in this Privacy Notice, your personal data can be accessed by or transferred to the following categories of recipients on a need to know basis to achieve such purposes:
our personnel (including personnel, departments or other companies of the Novartis group);
our independent agents or brokers (if any);
our other suppliers and services providers that provide services and products to us;
our IT systems providers, cloud service providers, database providers and consultants;
any third party to whom we assign or novate any of our rights or obligations; and
our advisors and external lawyers in the context of the sale or transfer of any part of our business or its assets.
The above third parties are contractually obliged to protect the confidentiality and security of your personal data, in compliance with applicable law.
Your personal data can also be accessed by or transferred to any national and/or international regulatory, enforcement, public body or court, where we are required to do so by applicable law or regulation or at their request.
The personal data we collect from you may also be processed, accessed or stored in a country outside the country where Alcon is located, which may not offer the same level of protection of personal data.
If we transfer your personal data to external companies in other jurisdictions , we will make sure to protect your personal data by (i) applying the level of protection required under the local data protection/privacy laws applicable to Alcon (ii) acting in accordance with our policies and standards and, (iii) for Alcon located in the European Economic Area (i.e. the EU Member States plus Iceland, Liechtenstein and Norway, the "EEA"), unless otherwise specified, only transferring your personal data on the basis of standard contractual clauses approved by the European Commission.
For intra-group transfers of personal data Alcon has adopted Binding Corporate Rules, a system of principles, rules and tools, provided by European law, in an effort to ensure effective levels of data protection relating to transfers of personal data outside the EEA and Switzerland. Read more about the Novartis Binding Corporate Rules by clicking here www.alcon.es section: "Protección de datos: tus derechos".
How do we protect your personal data?
We have implemented appropriate technical and organisational measures to provide an adequate level of security and confidentiality to your personal data.
These measures take into account:
the state of the art of the technology;
the costs of its implementation;
the nature of the data; and
the risk of the processing.
The purpose thereof is to protect it against accidental or unlawful destruction or alteration, accidental loss, unauthorized disclosure or access and against other unlawful forms of processing.
Moreover, when handling your personal data, we:
only collect and process personal data which is adequate, relevant and not excessive, as required to meet the above purposes; and
ensure that your personal data remains up to date and accurate.
For the latter, we may request you to confirm the personal data we hold about you. You are also invited to spontaneously inform us whenever there is a change in your personal circumstances so we can ensure your personal data is kept up-to-date.
How long do we store your personal data?
We will only retain your personal data for as long as necessary to fulfil the purpose for which it was collected or to comply with legal or regulatory requirements.
The retention period is the term of your (or your company’s) supply or service contract, plus the period of time until the legal claims under this contract become time-barred, unless overriding legal or regulatory schedules require a longer or shorter retention period. In the cases of supervision of activities in our facilities, specifically in video surveillance and access control, the data will be kept for 30 days, with the exception that they must be kept longer due to some legal action. When this period expires, your personal data is removed from our active systems.
Personal data collected and processed in the context of a dispute are deleted or archived (i) as soon as an amicable settlement has been reached, (ii) once a decision in last resort has been rendered or (iii) when the claim becomes time barred.
What are your rights and how can you exercise them?
You may exercise the following rights under the conditions and within the limits set forth in the law:
the right to access your personal data as processed by us and, if you believe that any information relating to you is incorrect, obsolete or incomplete, to request its correction or updating;
the right to request the erasure of your personal data or the restriction thereof to specific categories of processing;
the right to withdraw your consent at any time, without affecting the lawfulness of the processing before such withdrawal;
the right to object, in whole or in part, to the processing of your personal data; and
the right to request its portability, i.e. that the personal data you have provided to us be returned to you or transferred to the person of your choice, in a structured, commonly used and machine-readable format without hindrance from us and subject to your confidentiality obligations.
If you have a question or want to exercise the above rights, you may send an email to our local DPO [email protected] or a letter at the address indicated in the contract with a scan of your identity card for identification purpose.
If you are not satisfied with how we process your personal data, please address your request to our data protection officer [email protected] who will investigate your concern.
In any case, you also have the right to file a complaint with the competent data protection authorities, in addition to your rights above.
How will you be informed of the changes to our Privacy Notice?
Any future changes or additions to the processing of your personal data as described in this Privacy Notice will be notified to you in advance through an individual notice through our usual communication channels (e.g. by email or via our internet websites).