Privacy Notice

Kodak Alaris Group of Companies 

Privacy Notice and Cookie Policy (“Privacy Notice”)

Last Updated: August 22, 2023

Kodak Alaris is committed to protecting your personal data. This Privacy Notice will inform you as to how we process and look after your personal data when you: (1) visit our websites, including but not limited to kodakalaris.com, kodakmoments.com, and alarisworld.com (“Website(s)”), (2) purchase our products and/or services, (3) create, manage and use an account with us, or take part in a competition or rewards program (“Campaign”), (4) sign up to receive newsletters, marketing and/or promotional materials or connect to us via (or download) any of our applications (including software and mobile applications) (“Applications”).  

This Privacy Notice supplements other notices and privacy policies and is not intended to override them. We may provide specific Privacy Notices for specific applications or services (and/or interactions with you), which will apply to those specific applications, services (and/or interactions). 

We keep this Privacy Notice under regular review. Historic versions can be obtained by contacting us using the contact details below. 

This Privacy Notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms we use.

1. Who we are and how to contact us 

2. Information we collect about you 

3. How is your personal data collected?

4. How we use your personal data 

5. Disclosures of your personal data

6. International transfers  

7. Data security

8. Data retention 

9. Your legal rights  

10. Glossary

11. Cookie Policy

1.       Who we are and how to contact us:

1.1     Controller. The Kodak Alaris Group is made up of different legal entities, details of which can be found in Exhibit A. This Privacy Notice is issued on behalf of the Kodak Alaris Group so when we mention Kodak Alaris, "we", "us" or "our", we are referring to the relevant company in the Kodak Alaris Group responsible for processing your data. For the purposes of EU GDPR and UK GDPR (and any other relevant legislation where applicable), when you purchase goods or services from us, the selling Kodak Alaris Group entity will be the controller for your data.  Kodak Alaris Inc. is the controller and is responsible for the Websites and/ or applications.  For Campaigns, the company within the Kodak Alaris Group offering the Campaign will be the controller unless otherwise specified in terms and conditions specific to the Campaign.  

1.2     Contact Details.If you have any questions about this Privacy Notice, including any requests to exercise your applicable legal rights, please contact our DPO at:

DPO, Kodak Alaris Inc.

Email address: DPO@kodakalaris.com

Postal address: 336 Initiative Drive, Rochester, New York 14624, USA

Alternatively, if you are based in the European Union, you can contact our Legal Representative Office at:

Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB

Postal address: Attention Kodak Alaris EU Rep, Brienner Straβe 12, 80333 Munich, Germany

1.3     Complaints. You may have the right to make a complaint at any time to an applicable supervisory authority or other regulator for data protection issues. We would, however, appreciate the chance to address your concerns before you approach the supervisory authority or regulator and, so, please contact us in the first instance. 

1.4     Third-party links. The Website or applications may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website or application, we encourage you to read the Privacy Notice of every website you visit.

2.       Information we collect about you:

2.1     Personal data, or personal information, means any information about an individual from which that person can be identified. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

·         Identity Data includes name, alias, title, date of birth, gender, your image and voice, and identification documentation.

·         Contact Data includes delivery address, location, email address, telephone numbers, billing address and preferred language.

·         Organization Information, such as your employer or organizations that you are a member of, information about your colleagues or those within your organization, your status within an organization, and similar data.

·         Financial Data includes bank account and payment card details.

·         Transaction Data includes details about payments to and from you and other details of products and services you have ordered and/or purchased from us.

·         Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, cookie identifiers and information, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our websites and applications. 

·         Profile Data includes your username and password, name, purchases or orders made by you, your interests, preferences, feedback and survey responses.

·         Usage Data includes information about how you use our websites, products and services and browsing history. 

·         Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties, your communication preferences and social media data and online content including social media profiles, posts, likes and similar data.

·         User Content, such as content of communications, questions and other information (including but not limited to photos (and associated tags and meta data) and images) you provide to us, and/or that you post on social media and our websites. If you post reference to our brand, products or services on social media we may republish that post on our social media or websites. Where you upload or share the personal data of others (including photos and images) you must ensure, in advance, that you have the consent of such person to do so.

2.2     We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

2.3     We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic information, and biometric data used to identify you), nor do we collect any information about criminal convictions and offences. The Websites, Campaigns, and applications are not intended for children, and we do not knowingly collect data relating to children.

2.4     If you fail to provide personal data. Where we need to collect personal data by law, or under the terms of a contract we have with you, or to facilitate your participation in a Campaign, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter with you (for example to provide you with goods or services), or we may not be able to facilitate your participation in a Campaign. In these instances, we may have to cancel a product or service order you have placed with us, and/or your registration and participation in a Campaign, but we will notify you if this is the case at the time. 

2.5     Your duty to inform us of changes. It is important that the personal data we hold about you is accurate and current.Please keep us informed if your personal data changes during your relationship with us.

3.       How is your personal data collected?

We use different methods to collect data from and about you including through:

·         Direct interactions. This includes personal data you provide when you:

·         search for, or purchase our products or services

·         create and maintain an account on our websites and/or via our applications;

·         subscribe to our service or publications; 

·         participate in a Campaign or survey; 

·         request marketing to be sent to you; 

·         register for one of our events;

·         use our services or interact with us (and others) online or via social media; or

·         give us feedback or contact us. 

·           Automated technologies or interactions. As you interact with our Website, applications and/or click on links in emails or advertisements from us, we may automatically collect Technical Data and Usage Data about your equipment, browsing actions and patterns.  We may collect this personal data by using cookies, web beacons, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.  We collect personal data automatically when you interact with us on social media. 

·         Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

(a)           analytics providers, such as Google based outside of the EEA and the UK;

(b)           advertising networks 

(c)           search information providers

(d)           contact, Financial and Transaction Data from providers of technical, payment and delivery services 

(e)           Identity and Contact Data from data brokers or aggregators 

(f)           your organisation (if your use is in connection with your business);

(g)           third parties who resell or integrate with our goods and services;

(h)           marketing, promotional, professional partners and suppliers who provide services to us; 

(i)           credit and fraud prevention agencies; and

(j)           Identity and Contact Data from publicly available sources such as the applicable Electoral Register, Companies House, and professional or industry organisations that publish information related to you and other data in the public domain.

·         Use of third-party credentials for account creation and login

Certain features of the Websites, applications or Campaigns may allow you to register and access an account with us using your Google™, Facebook™ or Apple™ third-party account credentials ("Third Party Credentials"). If you choose to create and access an account on our Websites, applications or Campaigns using third-party identifiers, the following information will be shared with us:

- your first and last name

- your email address

- your language

- your country

- in some cases, your phone number

No other information will be shared or otherwise collected by Kodak Alaris through your use of third party credentials to create or access an account on the Website or applications, and Kodak Alaris will never have direct or continuous access to the account to which the third party credentials relate. Kodak Alaris is not affiliated with third party credential providers. Your use of third party credentials and the services to which they relate is governed solely by the terms and conditions provided to you by the company offering such services.

·         Information Collected When You Upload Photos and Process an Order

In order to use the Website or applications, you may upload your photo images and other content. In this process, the Internet Site is using a Kodak Alaris (or a Kodak Alaris subcontractor) server. A Kodak Alaris session id is stored locally on your device so that you can continue working on photo products using the Internet Site.

When you are in the process of working on a photo product, the following information regarding each selected photo is also sent to Kodak Alaris (or a Kodak Alaris subcontractor): the photo image and its associated image tags that are contained in the image file.

The above information is stored at Kodak Alaris (or at a Kodak Alaris subcontractor) whilst your account remains active.  Your account may be deactivated by Kodak Alaris if your account has been inactive for a period of in excess of twelve (12) months.  You will lose access to stored images once your account is deactivated and your personal data will be deleted. 

·         Content you share from third-party websites or applications.  The Website or applications may offer you the option of importing your photos from popular third-party websites and applications such as Google™ and Facebook™ for use in your order.  If you choose to use these third-party import features, you will be directed to a logon page controlled by the third-party company that owns the website or application where your photos are stored and must enter you login credentials for such website or application in order to import your photos.  Kodak Alaris will not have any access to your account credentials for the third-party websites or applications, and the data shared with Kodak Alaris will be limited to content stored in the third-party photo library (in other words, we won’t have any access to other portions of your third-party account).  While selecting the photos you wish to use in your order, we will have access to thumbnails of the photos you have stored on your third-party account.  We will only download a full resolution copy of the specific photo or photos that you select for use in your order.  Once an order is placed (or alternatively the session is ended), Kodak Alaris will not have any continuing access to your third-party account, and will not retain a copy of the thumbnails used for selection during the order.  Copies of photos selected for use in orders are only retained for as long as you chose to maintain an active account with us. Your use of third-party services such as Google™ and Facebook™ is governed solely by the terms and conditions provided to you by the company offering such services.

·           Google™ APIs.  Our use of Google™ Application Program Interfaces (APIs) to enable certain features on the Websites, applications or Campaigns such as sign-on using Google credentials and importation of photos from  Photo is subject to the Google API Services User Data Policy.

4.       How we use your personal data

4.1     We will only use your personal data when the law allows us to. In some territories, we are required by law to inform you of the lawful basis of processing, and we set out such information in the table below (please also click here to find out more).  In some instances, we may rely on more than one legal basis.

Most commonly, we will use your personal data in the following circumstances:

·         To enable you to create an account with us.

·         To perform the contract we are about to enter into or have entered into with you.

·         To enable you to download applications. 

·         Where we need your personal data to facilitate participation in a Campaign. 

·         Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights applicable to you do not override those interests.

·         Where we need to comply with a legal obligation.

·         Where you have given your consent.

4.2     Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data. 

4.3     Promotional offers from us 

We may use your Identity and Contact, Technical, Usage, User Content, and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. 

4.4     Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. 

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

4.5     Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Website (or applications) may become inaccessible or not function properly.  For more information about the cookies we use, please see our cookie policy, which can be found here. 

4.6     Change of purpose 

Where legislation requires us to do so, we will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.  If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

4.7     Please note that we may process your personal data without your knowledge or consent, where this is required or permitted by law.

5.       Disclosures of your personal data

5.1       We may share your personal data with the parties set out below for the purposes set out in the table above.

·           Internal Third Parties. 

·         Your organisation (if your use is in connection with your business);

·           Third-party marketing and promotional partners that we engage to promote our products and services;

·           Social media services and your organisation’s social media contacts;

·           Third parties to whom we may choose to sell, transfer or merge parts (or the whole) of our business or our assets. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice, and 

·           Other External Third Parties; 

5.2       We require all third parties to respect the security of your personal data and to treat it in accordance with the law. 

6.       International transfers

6.1     We share your personal data within the Kodak Alaris Group. This may involve transferring your data outside the UK and European Union.  In order to ensure the protection of personal data shared amongst members of the Kodak Alaris Group, we have implemented an intragroup data transfer agreement that incorporates specific contract terms approved for use in the UK and/or the European Union which give personal data substantially similar protection to what it has in the UK and/or European Union.

6.2     Many of our External Third Parties are based outside the UK and the European Union so their processing of your personal data may involve a transfer of data outside the UK and European Union.

Whenever we transfer your personal data out of the UK and European Union, and UK GDPR or EU GDPR rules apply, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: 

·           The country to which we will transfer your personal data has been deemed to provide an adequate level of protection for personal data. 

·           Establishment of specific contract terms approved for use in the UK and/or the European Union which give personal data substantially similar protection to what it has in the UK and/or European Union.  

6.3     Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or the European Union. 

7.       Data security

          We have put in place appropriate security measures designed to protect your personal data from being accidentally lost, used or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know.  However, please note that no method of transmission over the internet or method of electronic storage is 100 percent secure, and therefore we cannot guarantee the absolute security of personal information. 

          We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8.       Data retention

8.1     We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

8.2     To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. Details of retention periods for different aspects of your personal data are available in the relevant section or our retention policy which you can request from us by contacting us. 

8.3     In some circumstances, by law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for a specified applicable statutory period years after they cease being customers for tax purposes.

8.4     In some circumstances you can ask us to delete your data: see your legal rights below for further information.

          In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9.       Your legal rights

9.1     Where we are legally obliged to do so, we honour those rights that are afforded to you by law. Please check your local data protection legislation to determine which rights may be available to you. 

9.2     For residents of the UK or European Union, please click on the links below to find out more about rights which may apply to you in connection with UK GDPR and EU GDPR: 

·         Request access to your personal data.

·         Request correction of your personal data.

·         Request erasure of your personal data.

·         Object to processing of your personal data.

·         Request restriction of processing your personal data.

·         Request transfer of your personal data.

·         Right to withdraw consent.

9.3     California residents’ legal rights: If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, please see our Notice at Collection, which is available at www.kodakalaris.com/notice-of-collection.

9.4      Residents of other US States: If you are a resident of another US State, the laws of the state in which you reside may grant you additional rights, including without limitation: (i) the Virginia Consumer Data Protection Act, (ii) the Colorado Privacy Act (with effect from July 1, 2023), (iii) the Connecticut Data Privacy Act (with effect from July 1, 2023), and (iv) the Utah Consumer Privacy Act (with effect from December 31, 2023).

9.5    Kodak Alaris will not sell any personal data (including, “covered information” as defined in Nevada Revised Statutes Chapter 603A) to any third party.  However, certain cookies that operate on the Websites may “share” certain personal information with third parties for cross-context behavioural advertising purposes (as defined under California law). To opt out of such sharing, you can adjust your preferences in the cookie preference center either via the initial popup that is displayed when you first visit each Website, or at any time thereafter by using the “cookie preference center” link at the bottom of the webpage.

9.6     If you are resident in France, you also have the right to define instructions on your personal data after your death. 

9.7     Please note that certain of the abovementioned rights are not absolute rights and there may be certain limitations which will apply in the circumstances.  Please refer to the data protection legislation applicable in your country or state for further details. 

9.8     If you wish to exercise any of the rights set out above, or any other privacy rights you may be afforded by law, please contact us. 

9.9     No fee usually required. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

9.10   What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

9.11   Time limit to respond. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month. In this case, we will notify you and keep you updated. 

10.     Glossary

10.1    In this Privacy Notice:

·    our “Affiliates” means legal entities which are directly or indirectly controlling, controlled by or under common control with Kodak Alaris Holdings Limited; for purposes of this definition, control means direct or indirect ownership of at least fifty percent (50%) of the voting power of the shares or other securities for election of directors (or other managing authority) of the controlled or commonly controlled entity. All such companies form the Kodak Alaris Group of Companies.

·     “UK GDPR” means the UK Data Protection Act 2018 

·     “EU GDPR” means the General Data Protection Regulation (EU 2016/679)

10.2   Definition of “Lawful Basis” (as applicable in certain jurisdictions):

            Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). 

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Consent means you have given your consent to the processing of your personal data for one or more specific purposes.

10.3   Third Parties

Internal Third Parties

Other companies in the Kodak Alaris Group acting as joint controllers or processors and who are based in the locations specified above and provide IT and system administration services and undertake leadership reporting. 

External Third Parties

·         Service providers acting as processors who provide IT, system administration services, quality assurance and other services to us.

·         Professional advisers acting as processors including lawyers (but not limited to), bankers, auditors and insurers based in who provide consultancy, banking, legal, insurance and accounting services.

·         HM Revenue & Customs in the UK, and/or equivalent regulators and other authorities outside of the UK who require reporting of processing activities in certain circumstances.

·         Credit and fraud prevention agencies and search engines.

10.4   Your Legal Rights

The rights differ depending on the applicable legislation in your country (or state).  

Where UK GDPR or EU GDPR apply, your rights include the following:

To request access to your personal data (commonly known as a "data subject access request"), enabling you to receive a copy of the personal data held about you and to check that it is being lawfully processed.

To request correction of the personal data held about you, enabling you to have any incomplete or inaccurate data held about you corrected, though it may be necessary to verify the accuracy of the new data you provide.

To request erasure of your personal data, enabling you to ask for the deletion of your personal data where there is no good reason for the continuation of processing. This includes the right for you to ask for the deletion or removal of your personal data where you have successfully exercised your right to object to processing (see below), where your information may have been processed unlawfully or where erase of your personal data is required to comply with local law. Note, however, that it may not always be possible to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. 

To object to processing of your personal data where reliance is based on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. Where this right applies, you also have the right to object to processing of your personal data for direct marketing purposes. In some cases, it may be possible to demonstrate a compelling legitimate ground to process your information which overrides your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask for the suspension of the processing of your personal data in the following scenarios: 

·         To establish the data's accuracy.

·         Where use of the data is unlawful but you do not want it erased.

·         Where you need the data to be held even if no longer required, as you need it to establish, exercise or defend legal claims. 

·         You have objected to the use of your data but it is needed to verify whether there is an overriding legitimate grounds for it to be used. 

Request the transfer of your personal data to you or to a third party. You have the right for your personal data to be provided to you, or a third party you have chosen, in a structured, commonly used, machine-readable format. Note that this right only applies to automated information for which you initially provided consent for use or where the information is used to perform a contract with you. 

Withdraw consent at any time where consent is relied on to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you, and/or continue to facilitate your participation in a campaign. You will be advised if this is the case at the time you withdraw your consent.

11.     Cookie Policy

11.1   Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

11.2   A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

11.3   When you first visit our website or use our applications, we will ask for your consent to store certain non-essential cookies and other similar technologies on your device. We may ask you periodically to review your cookie settings. 

11.4   Please note that, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

11.5   We use the following cookies:

·                Strictly necessary or essential cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

·                Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

·                Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

·                 Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

11.6   You can find more information about the individual cookies we use on our Websites and the purposes for which we use them and update your cookie consents by visiting the cookie preference centre on each website.  The link to access the cookie preference centre can typically be found in the bottom right corner of the webpage.

Exhibit A

Kodak Alaris Group Entities