What personal data are collected and on which legal basis?

When you visit one of Agfa’s websites, you may voluntarily choose to provide us with information about yourself (such as your name, country/state/province, e-mail address, phone number, organization where you work and your job title and optionally (if applicable) the market segment) that we need to correspond with you or to give you access to information.

Unless permitted by applicable data protection laws, Agfa will not collect any personal data about you unless you voluntarily choose to provide us with it (e.g. registration, completion of contact forms or e-mails).

The legal basis for this processing is your consent (Art. 6 para. 1 lit. a GDPR). If your request is aimed at the conclusion of a contract, the legal basis for the processing is the performance of a contract (Art. 6 para. 1 lit. b GDPR).

You have the right to withdraw your consent at any time.

Agfa strives to have in place appropriate technical and organizational means to protect your information. However, you understand that in providing your personal data over public networks, is never without risk.

Who collects your personal data?

The body responsible for the collection the processing of your personal data, as data controller, is depending of the website that you consult:

-For Medical Imaging IT: Agfa HealthCare N.V., Septestraat, 27, 2640 Mortsel, Belgium;
-For Radiology Imaging: Agfa N.V., Septestraat, 27, 2640 Mortsel, Belgium;
-For Inkjet Printing: Agfa N.V., Septestraat, 27, 2640 Mortsel, Belgium;
-For Offset Printing: Agfa offset B.V., Septestraat, 27, 2640 Mortsel, Belgium;
-For industrial: Agfa Gevaert N.V., Septestraat, 27, 2640 Mortsel, Belgium;
-For Agfa Corporate: Agfa Gevaert N.V., Septestraat, 27, 2640 Mortsel, Belgium

For which purposes are your personal data collected and processed ?

Agfa collects, processes and uses your personal data for the purposes of providing you with information that respond to your enquiry (such as information about our products and/or services) and use and management of the Agfa web site in general.

Where is your personal data processed ?

Our websites are hosted in Belgium.

Who has access to your personal data and to whom is your personal data transferred ?

Access to your personal data is restricted to authorized users.

Be assured that Agfa will not distribute or sell your personal data to third parties, without your permission to do so.

Because Agfa is a global company, we may transfer information to other Agfa offices or subsidiaries around the world, to the extent necessary for the purposes described. Be assured that all such entities are governed by terms equivalent to this privacy notice. The legal basis for this transfer is Art. 49 of the GDPR.

Agfa offices and subsidiaries have developed global data security practices designed to protect personal data that include the practices addressed in our Global Policy Information Security and Privacy.

To read Agfa’s Global Policy Information Security and Privacy, please click here.

International transfers of personal data to Agfa offices and subsidiaries are protected using the appropriate measures to implement appropriate guarantees for the protection of your personal data in accordance with the GDPR.

EU-U.S. Privacy Shield:  Agfa HealthCare US Corp is still certified as a participant in the U.S. Department of Commerce’s EU-U.S. Privacy Shield and has certified that it adheres to the EU-U.S. Privacy Shield Principles. For more information about the EU-U.S. Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield website at https://www.privacyshield.gov. Agfa HealthCare US Corp. is subject to the investigatory and enforcement powers of the Federal Trade Commission.

Agfa no longer relies on the Privacy Shield as a transfer mechanism for data transfers given the EU-U.S. Privacy Shield is no longer valid as a result of the recent CJEU ruling in Schrems II. However, to the extent Agfa HealthCare US Corp. has ongoing obligations under our existing Privacy Shield Certification, we will continue to honor them, including honoring the direct rights of redress provided to individuals against Agfa HealthCare US Corp., including a right to invoke binding arbitration.

If you have questions or concerns regarding Agfa HealthCare US Corp.’s compliance with the principles of the EU-U.S. Privacy Shield, please send an e-mail to compliance@agfa.com. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, you have several options. You may submit your complaint to Privacy Trust, an independent third party dispute resolution service. Visit https://www.privacytrust.com/drs/agfauscorp to file a complaint. Alternatively, you may submit your complaint to your local Data Protection Authority.  If your complaint is not resolved after following the recourse mechanisms described above, in limited situations, EU individuals may invoke binding arbitration. Please contact https://www.privacyshield.gov. 

In cases of onward transfer to third parties of data of EU individuals received by Agfa HealthCare US Corp. pursuant to the EU-US Privacy Shield, Agfa HealthCare US Corp. remains liable.  Agfa HealthCare US Corp.  will release your personal data to law enforcement upon receipt of a valid judicial instruction or order.

To the extent required to achieve the purposes of providing information to you (for example information about our products or services in which you may have interest in your country), we may also need to share your personal data to Agfa’s authorized agents and distributors or Agfa’s subcontractors.

Agfa may cooperate with external service providers who may also be located in third countries. Third countries are countries where the applicable law does not guarantee the same level of data protection as within the EEA.

International transfer of personal data to third parties are protected using the appropriate contracts and measures.

In the event that a recipient of your personal data is located in a third country for which the EU Commission has not made an adequacy decision to the effect that an adequate level of data protection exists in this third country, Agfa will take additional measures to implement appropriate guarantees for the protection of your personal data in accordance with the GDPR.

Agfa transfers personal data to external recipients outside the European Economic Area only if the recipient has (i) entered into EU Standard Contractual Clauses with Agfa or (ii) implemented Binding Corporate Rules in its organization. You may request further information about the safeguards implemented in relation to specific transfers by contacting compliance@agfa.com.

What about commercial e-mails?

Specifically, in relation to commercial e-mails that promote Agfa products and services, Agfa shall not use your personal data in order to send unsolicited commercial e-mails, unless you have given your consent to receive such e-mails, by ticking the opt-in box in the contact form of our website(s).
At any time, you will have the right to withdraw your consent for any direct marketing purposes. You can communicate this objection by unsubscribing from our e-Newsletter directly in the e-Newsletter itself,  by email to compliance@agfa.com or by letter addressed to our Agfa Group Compliance Office, Septestraat, 27, Room 70-03-27, 2640 Mortsel, Belgium. After receipt of your objection, we shall send you a notice of receipt and we shall register your request. Your request shall imply that we shall not send commercial e-mails that would be considered as unsolicited.

Agfa uses the services of Mailchimp and Flexmail.

Those services allow Agfa to manage its contacts, and to create and send by email information and news on products and services of Agfa, and follow-up those communications (https://mailchimp.com/legal/privacy – https://flexmail.be/privacy-policy).

How long may we retain your personal data?

We further store your personal data only as long as necessary for the fulfilment of the purposes for which it has been collected or as required by law.
For personal data stored for marketing purposes, the retention period shall depend of the shelf life of the product or service for which they were collected, with a maximum of three (3) years. You also have the right to update your preferences by opting out, whenever you want. For all other cases, Agfa will delete your personal data after three (3) months.

What are your rights and how can you exercise them?

• You have the right of access to your personal data and the right to request rectification of incorrect, incomplete or irrelevant data.

• You have the right to object to processing of your personal data and to obtain the erasure of your personal data.

• You have also the right to restrict processing of your personal data.

• When processing of your personal data is based on consent, you also have at any time, the right to withdraw your consent for further processing of your personal data. You understand that the personal data that was disclosed by Agfa prior to your request to abolish further disclosure is no longer under the control of Agfa.

• You have a right to request data portability.

If you have any queries about your personal data or if you want to exercise your rights, please contact us by e-mail at compliance@agfa.com or by letter addressed to our Agfa Group Compliance Office, Septestraat, 27, Room 70-03-27, 2640 Mortsel, Belgium.

Children

We do not collect, process or use on our website any information relating to children, as defined by the applicable law, without the prior, verifiable consent of his or her legal representative, if required by the applicable law. Such legal representative has the right, upon request, to view the information provided by the child and/or to require that it be deleted. 

Cookies

Our website uses cookies.

A cookie is a technology for remembering something about you. Read more on cookies on https://cookies.insites.com.

Agfa uses Google Analytics cookies to collect anonymized IP information to permit Agfa to analyze traffic patterns and to improve this website.

Agfa uses Strictly Necessary cookies to keep track of your preferences and selections during your visits of our website. These cookies are removed once you leave the website.

Agfa supports Third Party cookies to permit you to share content by sending a page from our website to your social media account.

LinkedIn cookies can be used for remarketing purposes by LinkedIn.  

Agfa supports also cookies from YouTube in the framework of the embedding of some of Agfa videos in Agfa’s websites.

The configuration of most internet browsers allows you to manage cookies. Read more on https://cookies.insites.com

Please be aware that disabling cookies can impair an optimal navigation of our website.

How can I keep up with modifications with this privacy notice?

Agfa reserves the right to modify this privacy notice without explicit prior notice. Your only notice of such modification shall be the posting of the modified privacy notice on this web site. The user is therefore encouraged to review this privacy notice frequently.

Complaints

In case of disagreement relating to the processing of your personal data, you have the right to lodge a complaint with the Belgian supervisory authority (”Autorité de la protection des données” / “Gegevensbeschermingsautoriteit”) or the data protection authority of your country of residence.

Downloadable Products

Agfa protects its intellectual property, such as the downloadable software, screensavers or other items that can be downloaded from our website. Even if software is provided for free, the user shall be aware that the use of the software is limited and fully governed by a licence that accompanies the software. The user shall only use the software in the manner and for the purposes for which it was intended.

Software, screensavers and other media of third parties that can be downloaded via links directly or indirectly provided by Agfa, shall not be regarded as items distributed by Agfa and Agfa does not assume any obligation in relation thereto.

Free Online Services
Online services that are presented to the user for free are provided “as is”. Agfa shall not be responsible for the content of such services, nor for their non-availability or malfunctioning, nor for the use that any website user would make of such services.

Copyright

All website design, text, graphics, data and the selection and arrangement thereof, as well as all guides, newsletters, software and any other items that can be downloaded through this website, are the sole property and copyright of Agfa, ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this website for non-commercial, private purposes only. Any other use of materials on this website, including reproduction for purposes other than those noted above, modification, translation, distribution, or republication without the prior written permission of Agfa is strictly prohibited.

Copyrights for the photographs reproduced herein are vested with the individual photographers or Agfa, and may not be reproduced in any form without prior permission from the creators.

Trademarks
Agfa, the Agfa Rhombus and any other trademarks, service marks, trade names or logos displayed on this website are the property of Agfa-Gevaert N.V., its affiliates or other third parties. Nothing contained in this legal notice nor in any text on this website shall be construed as granting by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names or logos appearing on the website without the express prior written consent of their respective owner.

Linked Sites

Agfa websites may be linked to other websites which are not under the control of, and are not maintained by, Agfa. Agfa has not fully examined or analysed the content of such websites, which may furthermore change over time or disappear. Agfa is not responsible for the content of those sites and the link does not imply that Agfa agrees with its content. Agfa is providing these links to you only as a convenience and at your own risk, and the inclusion of any link to such sites does not imply endorsement by Agfa of those sites, nor does it imply any partnership or cooperation whatsoever between Agfa and the owners or operators of such linked sites.

The sender of any communications to Agfa website(s) or otherwise to the owners or operators of Agfa website(s) shall solely be responsible for the content and information contained therein, including its truthfulness and accuracy.

General Information

The Agfa web sites are  mainly intended for general information purposes and should only be used as such. Although Agfa makes an effort to offer information which is carefully selected and recent, the Agfa websites should not be used as a substitute for any kind of specific professional advice where needed. No warranty nor representation, express or implied, is given as to the accuracy, relevancy, or completeness of the offered information, nor as to the suitability of the information for a certain purpose.

Price and availability information is subject to change without notice. All product specifications and service descriptions are subject to change without notice. Actual equipment may differ in appearance from images shown.

User Rights and undertakings

The user of Agfa website(s) undertakes i) not to make use of the websites for illegal or harmful purposes; ii) not to prevent access to the websites nor to disrupt or modify the website, nor to render the websites less efficient or to cause damages to the websites, Agfa or third parties; iii) not to make use of the websites in order to transmit or distribute computer viruses or harmful, insulting or illegal information.

The Agfa websites provide a forum where users can publicly give comments on different issues. The user is aware that the disclosure of certain information on message boards or forums may result in unsolicited emails being sent to his e-mail address by third parties. Agfa can not prohibit the sending of such emails by third parties and shall not be responsible for any emails that would be sent as a consequence thereof.

The user may provide links to the Agfa websites. All user rights that are not explicitly granted herein are reserved by Agfa.

Disclaimer

AGFA IS PROVIDING THE AGFA WEBSITES AND THEIR CONTENTS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE AGFA WEBSITES OR THEIR CONTENTS. AGFA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, AGFA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE AGFA WEBSITES IS ACCURATE, COMPLETE OR CURRENT.
NEITHER AGFA NOR ANY OF ITS DIRECTORS, EMPLOYEES OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE AGFA WEBSITES, INCLUDING ITS NON-AVAILABILITY OR BAD TECHNICAL FUNCTIONING, OR ARISING FROM THE INFORMATION CONTAINED HEREIN, VIRUSES, HACKING-ATTACKS OR OTHER COMPUTER CRIMES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OPPORTUNITIES, LOSS OF OR DAMAGE TO PROPERTY, PERSONNEL COSTS AND CLAIMS OF THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION, INCLUDING, BUT NOT LIMITED TO CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTIONS, AND THIS EVEN IF AGFA WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent that certain legislation would be imperatively applicable, and such legislation would imperatively prohibit any of the exclusions mentioned above, these exclusions shall be considered as not applicable. In that case however, the exclusions considered as valid shall remain applicable.

Questions

If you have any questions regarding our legal notice, please contact us by e-mail at compliance@agfa.com or by letter addressed to our Agfa Group Compliance Office, Septestraat, 27, Room 70-03-27, 2640 Mortsel, Belgium.

Law and Jurisdiction

The use of the Agfa websites is governed by Belgian law. All disputes relating to or originating from the use of the Agfa websites shall be exclusively submitted to the courts of (Antwerp, Belgium), which will have exclusive jurisdiction in relation to such disputes.