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Last updated: June 30, 2022

LUMS is a platform based on Microsoft technology, which stores learning profiles of the Health Systems sales employees and channel partners globally. Designated business managers in the different markets manage these learning profiles. Based on these profiles, relevant learning materials, online courses and certification programs can be made available to these individuals in the Philips University. For Philips distributor participants it means that LUMS manages the learning profiles based on the Philips product entitlements referenced in the partnership agreement and provides you access to the learning content related to these products.

Philips Medizin Systeme Boeblingen GmbH, Hewlett-Packard-Str. 2, 71034 Boeblingen, Germany (“Philips”), wants you to be familiar with how we collect, use and disclose information. This Privacy Notice describes our practices in connection with information that we collect through the Learning User Management Solution that is operated by us and from which you are accessing this Privacy Notice (the “LUMS”).

Philips Employees

For Philips Employees that are using the Learning User Management Solution, the General Privacy Notice for Employees is applicable for any personal data we process on this platform. The General Privacy Notice for Employees is accessible via [LINK].

Business Channel Partners

For Philips’ Business Channel Partners, the information below is applicable:

What Personal Data are collected?

“Personal Data” are data that identify you as an individual or relate to an identifiable individual. For the purpose of LUMS, the following data will be collected:

• First and Last Name;
• Employment Status;
• Market and Market Role;
• Key Area of Responsibility;
• Country, City;
• Company Name; and
• Email address.

Through login session data we may collect IP Address, Operating System and Browser. This is used as preliminary data for functional purposes such as issue resolution.

LUMS helps us manage access to the COSD / Philips University. We need to collect Personal Data in order to allow you to participate in the Philips University. If you do not provide the information that we request, you may not be able to participate.

How is Personal Data collected?

We collect Personal Data when you register through the LUMS. LUMS collects Personal Data in a variety of ways, including:

• through the online request form you fill out in order to receive the relevant learning content in your Philips University transcript;
• via input from a local business manager who validates the profile and personal data.

If you disclose any Personal Data about other people (e.g. sign-up for someone else) to us or to our service providers in connection with the LUMS, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice.

Lawful basis for processing

The lawful bases we rely on to process your personal data for the purposes described in this section are:

• our need to perform a contract to which you are subject, or to take pre-contractual steps at your request.
• our legitimate interest, in particular our necessity to conduct business in a responsible manner and in line with local laws and regulations as well as to protect fundamental rights such as the right of defense, the right to property, and the freedom to conduct a business.
• our need to comply with legal obligations we are subject to.

What is the purpose of the collection of Personal Data?

We and our service providers use Personal Data for the following purposes:

• For contract performance.
  • To provide you access to your relevant learning content as necessary under the contractual agreement between Philips and you; and
  • To ensure you are only invited for training activities that are related to the Philips products and solutions you are responsible for in your region pursuant to the contractual agreement between Philips and you.

We will engage in these activities in accordance with our contractual relationship with you as our indirect sales channel partner and/or to comply with a legal obligation. You will receive learning content via Philips University, based on the key area of responsibilities you enter in the registration form. Due to Health Systems regulation, certain product training is mandatory before advising about the product. In this case, appropriate services will be provided to you to meet this legislation.

• Analysis of Personal Data for Business Reporting and Provision of Personalized Services
  • To confirm the accuracy of the profile data with the indirect channel partner’s contractual agreement; and
  • To validate the profile data against the Philips Portfolio entitlements you are responsible for in your region.

• Aggregating and/or anonymizing Personal Data.
  • For audits to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements.
  • If we aggregate and/or anonymize Personal Data, it will no longer be considered Personal Data. We can do so to generate other data for our use, which we may use and disclose for any purpose. We will engage in this activity because we have a legitimate interest.

• Accomplishing our business purposes.
  • For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements; and
  • For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft.
    We engage in these activities to comply with a legal obligation, and/or because we have a legitimate interest pursuant to a contractual relationship between Philips and you.

Other uses and disclosures

We also use and disclose your Personal Data as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:

• To comply with applicable law.
  • This can include laws outside your country of residence.
• To respond to requests from public and government authorities.
  • These can include authorities outside your country of residence.
• To cooperate with law enforcement.
  • For example, when we respond to law enforcement requests and orders.
• For other legal reasons.
  • To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
• In connection with a sale or business transaction.
  • We have a legitimate interest in disclosing or transferring your Personal Data to a third party in the event of any reorganization, 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). Such third parties may include, for example, an acquiring entity and its advisors.

To whom are Personal Data shared?

We disclose your Personal Data:

• To our affiliates for the purposes described in this Privacy Notice; Your LUMS profile data will be visible to the local Philips business manager or Philips indirect channel manager in your region.
• To our third-party service providers for services such as website hosting, information technology, and related infrastructure provision and maintenance, customer service, email delivery, auditing, and other services.

Choices available to you

We will not send marketing-related emails with respect to the LUMS. We will send you important administrative messages, from which you cannot opt-out.

What are your privacy rights?

To the extent required by applicable law, you have certain rights with respect to the processing of your personal data which enable you to:

• obtain information on the processing of your personal data;
• obtain a copy of your personal data a machine-readable format;
• object to the processing of your data,
• have your personal data rectified, deleted, their processing restricted (to the extent permitted by applicable law): and
• withdraw any consent that you might have given to the processing of your personal data at any time with future effect.

If you want to submit a privacy complaint/question or contact our Data Protection Officer, you can do so via our form at Privacy request (philips.com).

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 only implement requests with respect to the Personal Data associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request.

Please note that we need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed. Courses are assigned to you via Philips University and Philips University may retain certain information for recordkeeping purposes and/or to complete any transactions you began prior to requesting a change or deletion to your personal data. To understand your rights with respect to personal data processed by Philips University, please refer to the privacy notice in Philips University.

Security

We take our responsibility to protect your personal data seriously. Philips uses a variety of security technologies, technical and organizational measures to help protect your personal data against accidental or unauthorized access loss, or misuse. For this purpose, we implement, among others, access controls, network security controls and we encrypt certain types of data.’

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 and consistent with applicable law. The criteria used to determine our retention periods include:

1. the length of time we have an ongoing relationship with you and up to six (6) months from the end of such relationship (for example, for as long as you have an account with us participate in the Philips University);
2. whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
3. whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

Jurisdiction and cross-border transfer

The LUMS is controlled and operated by us from Germany and the Netherlands and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of Germany or the Netherlands. The servers for LUMS are located in the EAA (The Netherlands, Amsterdam).

Due to our global nature, your personal data may be transferred to or accessed by Philips-affiliated companies or Philips’ trusted third parties around the world. Of course, when we do so, we ensure to comply with laws on the transfer of personal data between countries.

When we transfer personal data from the European Economic Area, the United Kingdom, and Switzerland to:

• Philips-affiliated companies processing such personal data in other countries, such transfers are governed by the Philips Privacy Rules (so called Binding Corporate Rules);
• Philips trusted third parties processing such personal data in other countries not recognized by the European Commission as providing an adequate level of data protection, such transfers are governed by the Standard Contractual Clauses.

Sensitive Personal Data

We ask that you not send us, and not disclose, any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the LUMS or otherwise to us.

Updates to this Privacy Notice

We may change this Privacy Notice. The “LAST UPDATED” legend at the top of this Privacy Notice indicates when this Privacy Notice was last revised. Any changes will become effective when we post the revised Privacy Notice on the LUMS. Your use of the LUMS following these changes means that you accept the revised Privacy Notice.

If you have any other questions related to the protection of your Personal Data in Philips or regarding this Notice in general, you can contact the Philips data protection officer (DPO) at:

Philips - Attn: Group Legal (Privacy),

Philips Center HBT 16, Amstelplein 2,

1096 BC, Amsterdam, The Netherlands.

If you are not satisfied with Philips’ response or believe that your personal data is not being processed in accordance with the law, you may contact or lodge a complaint with the competent data protection authority or seek other remedies under applicable law