Privacy Policy

April 01, 2021 Welcome to our site! Toshiba Global Commerce Solutions, Inc., and its affiliates and related companies (“TGCS,” “we,” “our,” or “us”) makes available a range of products and services to you, including our websites, apps, software, services, and hardware (“Site(s)”), which are owned and operated by us. This privacy statement applies to the interactions we have with you and our Sites, as well as other products and services that include, reference, or display this privacy statement. We place great importance on respecting the personal rights of all visitors to our Sites. Please find below our data protection declaration, informing you of the nature and extent of the personal data collected via these Sites, and from other sources as specified in Section 3 (“Your Privacy Rights”) as well as the purposes for which this data is processed and used. For purposes of this Declaration, “Personal Information” is defined as any information that identifies, relates to, describes, is capable of being associated with, or could reasonable by linked, directly or indirectly, with a particular individual. This Privacy Declaration does not govern the data practices of third parties that may interact with our Site or otherwise collect or process your Personal Information.

Please see Site-Specific Details included at the bottom of this privacy statement. The Site-Specific Details sections contains additional information related to specific TGCS Sites. 

1. Webserver - Protocols

When you visit our Website, as is usual on almost all websites, our server automatically collects Personal Information such as your IP address (including the domain name associated with the IP address, i.e. using reverse look-up), the date and time of your visit to our Website, the pages you visited on our Website and the browser you are using etc. It also stores, where this is available, the country from which you are accessing our Website (only the ending is saved (e.g. de), since this indicates the relevant country) the language of the browser you are using, the website from which you are accessing our Website, the search word used (if our site is accessed via a search engine), as well as the type of connection and operating system. We use this information to constantly improve your website experience.

2. Personal Information You Provide

In general, you do not need to provide personalized information to access our Websites. Your Personal Information, for example your name, address, telephone number, email address, etc., are stored via this Website only if you provide us with this information in order to use one of the services on our Website (e.g. registering warranties/service, registering for a personalized web experience, signing up for the newsletter (e-mail only) or taking part in competitions). This data is then processed and used to perform the requested services. In addition, this data is only processed and used for other purposes (e.g. sending additional information about our company and products) if we have a lawful basis to do so according to applicable laws, including in cases where you have given us your consent to do so. Your consent is also required to transmit your Personal Information to third parties outside the legally permitted circumstances.

On some sites we use a “double opt-in system”. This means that when you first register with us, you are sent a confirmation email containing your login details. You then need to use these details to access our Website. Your registration is not activated until you have logged in with your username and password.

3. Your Privacy Rights

This section, and this section alone, applies to any individuals about whom we collect Personal Information from any source, including through your use of our Website, by buying our products or services, or by communicating with us (collectively, “you”). Generally speaking, TGCS’ customers are businesses, though we may collect Personal Information from individuals associated with those businesses, any other individuals navigating to our Website or otherwise communicating with or transacting with us regarding our products and services, and our employees and prospective employees.

1. What Information We Collect

We may collect the following categories of Personal Information about you:

• Identifiers, including first and last name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, telephone number, account name, Social Security number, passport number, tax identification number, employee identification number, serial number, and other similar identifiers;
• Commercial information, including your professional information, your company, your job title, customer purchase and sales histories;
• Information about your communication with us;
• Financial information, including payment information, billing address and bank account information;
• Information relating to Internet or other electronic network activity;
• Electronic information;
• Professional or employment-related information for purposes of employment only, including, without limitation, performance, compensation, benefits, your professional experience and professional background;
• Education information for purposes of employment only;
• Information required for purposes of employment, such as date of birth, information regarding family members, marital status, health information (to the extent that it is work-related and pursuant to applicable laws), emergency contact information, information about the use of technological resources and electronic communications, photographs, CCTV footage and other visual images;
• Information not listed above and related to characteristics protected under California or applicable law, including gender, ethnicity, age, birth country, and marital status;
• Other Personal Information not listed above and described in California Civil Code § 1798.80(e), including signature, insurance policy number and other health insurance information, bank account number, credit and debit card numbers, and other financial, medical, and health insurance information.

2. Sources of Collected Information

We may collect Personal Information from the following categories of sources:

• From you or those authorized to provide your Personal Information on your behalf
• TGCS stores and locations
• TGCS sales personnel
• TGCS dealers, customers, and potential customers
• TGCS websites
• TGCS mobile applications
• Communications with TGCS via telephone, text message, postal mail, social media, chatbot, or other means
• Service providers, such as customer relationship management providers, analytics providers, website hosting providers, systems administrators, employment and payroll services, banking institutions, recruitment providers, and communications delivery services
• Business partners, such as promotional and joint marketing partners
• Other third parties, such as other websites and mobile applications, online advertising partners, industry analytics, purchased lead sources, prospecting services, and other data suppliers
• Social media
• TGCS employees and job applicants

3. Who We Share Information With

We do not sell Personal Information, or otherwise provide Personal Information to third parties, other than to other TGCS affiliates, service providers receiving information to perform services for us on our behalf, or in certain instances for our customers in connection with our performance of services.  These third-party service providers fall into the following categories:

• Professional services companies
• Advertising and marketing companies
• Financial institutions
• Third-party dealers, leasing partners, and buying groups
• Analytics companies
• Logistics and transportation management vendors
• Event venues and vendors
• Mail vendors
• Payment processing companies
• IT support providers
• Cloud storage companies
• Employment and payroll service providers, for purposes of employment only
• Recruitment providers, for purposes of employment only
• We may also share your Personal Information with third parties
  • With Your consent or authorization;
  • In the context of a sale or transfer involving all or a portion of TGCS' or its affiliates’ business or assets (including in the event of a reorganization, dissolution or liquidation);
  • To governmental authorities, as required under applicable law;
  • In response to requests by government agencies, such as law enforcement agencies;
  • To protect, defend or enforce the rights and properties of TGCS;
  • If required to do so by law, regulation or legal process (such as a court order or subpoena);
  • When we believe disclosure is necessary or appropriate to prevent physical harm to our employees or financial loss;
  • As part of an investigation of suspected illegal activity;

This includes the following categories of Personal Information are disclosed for a business purpose:

• Identifiers, including first and last name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, telephone number, account name, Social Security number, passport number, tax identification number, employee identification number, serial number, and other similar identifiers;
• Commercial information, including purchase histories;
• Information relating to Internet or other electronic network activity;
• Electronic information;
• Professional or employment-related information, for purposes of employment only;
• Education information, for purposes of employment only; and
• Other Personal Information not listed above and described in California Civil Code § 1798.80(e), including signature, insurance policy number and other health insurance information, bank account number, and credit and debit card numbers

4. What We Do with Your Information

We collect, sell, and/or use Personal Information for the following purposes:

• Sales, fulfillment, and product services
  • Process orders and deliver products and services
  • Registering warranties
  • Review sales histories and performance indicators
  • Manage our communications with you
  • Credit referencing
  • Advertise and market our goods and services
  • Provide e-mail newsletters
  • Verify your identity or authenticate transactions
  • Taking part in competitions
• Internal operations
  • Improve the operations, maintenance, and effectiveness of our systems, services, and products
  • Enable financial reporting and related audit processes
  • Utilized for employment-related purposes, including recruiting, processing job applications, managing work activities, conducting training, performing evaluations, reimbursing expenses, and managing benefits and payroll
  • Perform other internal business activities as necessary
• Legal compliance
  • Permit risk management, compliance, legal, and audit functions
  • Comply with legal requirements, obligations, and rights
  • Respond to legal inquiries, subpoenas, warrants, court orders, and other valid legal process
  • Assist law enforcement
  • Verify your identity and process privacy rights requests
  • Handle current or prospective litigation and other claims
  • Monitor for and prevent potential fraud and other theft
  • Enforce and defend our rights and interests

5. Your Privacy Rights

You have or may have the following rights with respect to your Personal Information depending on your country or state of residence and pursuant to applicable laws:

• Sales, fulfillment, and product services. You have the right to request the following information from us:
  • The categories of Personal Information that we have collected about you;
  • The categories of sources from which the Personal Information is collected;
  • The purpose(s) for collecting or selling Personal Information;
  • The categories of third parties with whom Personal Information is shared;
  • Specific pieces of personal that has been collected about you;
  • The categories of Personal Information sold or disclosed, if any; and
  • The categories of third parties to whom Personal Information was sold, divided by each category of PI sold, if any.
• Right to request access to Personal Information.  You have the right to request the following information from us:
  • The categories of Personal Information that we have collected about you;
  • The categories of sources from which the Personal Information is collected;
  • The purpose(s) for collecting or selling Personal Information;
  • The categories of third parties with whom Personal Information is shared;
  • Specific pieces of personal that has been collected about you;
  • The categories of Personal Information sold or disclosed, if any; and
  • The categories of third parties to whom Personal Information was sold, divided by each category of PI sold, if any.
• Right to delete Personal Information.  You have the right to request that we delete the Personal Information that we have collected from you.

• Right to opt-out or opt-in of the sale of Personal Information.  You have the right to request to be opted out from any sales of certain of your Personal Information by us (we do not currently sell any of your information).  Our Websites are not addressed to children and young people under 16 years of age.  If you are under 16 years of age, we will not sell your Personal Information unless you have affirmatively authorized such sales, or, if you are under 13 years of age, unless your parent or guardian has affirmatively authorized to such sales.

• Right to request information regarding third party direct marketing.  Under California law, if you are a resident of California, you may make a written request to us about how we have shared your information with third parties for their direct marketing purposes.  If this law applies to you, you may obtain the categories of Personal Information shared by us and the names and addresses of all third parties that received Personal Information for their direct marketing purposes from us during the immediately prior calendar year.

• Right not to be discriminated against for exercising the rights identified above. You have the right not to be denied goods or services, charged different prices or rates for goods or services, or receive a differing level of quality of goods or services as a result of exercising the above rights.

Certain of the above rights are subject to our being able to reasonably verify your identity and authority to make these requests.  These rights are also subject to various exclusions and exceptions under applicable law. 

If you wish to exercise these rights, please reach us in one of the following ways:

Mail: TOSHIBA GLOBAL COMMERCE SOLUTIONS, INC.
          3901 S. Miami Blvd.
           Durham, NC 27703

Email: dataprotection@toshibagcs.com

Website: https://www.toshibacommerce.com/

Depending on your state or country of residence, you may be entitled by law to exercise the above-described rights.  For individuals whose state of residents does not require these rights TGCS offers them voluntarily and at its discretion, and reserves the right to limit or revoke those rights at any time, as may be permitted by applicable laws.

For individual residents in Brazil, under certain circumstances and subject to the restrictions set forth by applicable law, including law No. 13709/18 ("LGPD"), you have the following rights in connection with your Personal Information:

• Confirm the existence of processing of your personal information
• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a report about the data processing activities we carry out about you and, in certain circumstances and subject to certain limitations, to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete, inaccurate, or outdated information we hold about you corrected.
• Request anonymization, blocking or erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it, or of data that is unnecessary, excessive or processed in non-compliance with the law. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object or oppose to processing of your personal information where we are relying on a legal basis other than consent, if there is a violation of LGPD.
• Request the deletion of your personal information that was processed with your consent.
• Obtain information about your right to deny consent and the consequences of such denial, as well as to withdraw consent at any time.
• Obtain information about public and private entities with which we have shared your personal information.
• Request the portability of your personal information to another party, in certain circumstances and subject to the restrictions set forth in the law.
• Right to petition to the Brazilian Data Protection Authority at any point.

If you wish to exercise these rights, please reach us in one of the following ways:

Mail: Toshiba Global Comércio de Soluções para Varejo (Brazil) Ltda.
Address :Alameda Rio Negro, 500 – 8º andar – conjunto 815 Torre A Alphaville Industrial - Barueri - SP, CEP (zip code) 06455-000 – Edificio West Towers

Email: dataprotection@toshibagcs.com

Website: https://www.toshibacommerce.com/

4. Protecting the privacy of minors

Our Websites are not designed to attract children and are not intended for use by children and young people under the age of 16. Children and young people under the age of 16 may not transmit any Personal Information over the Internet without the consent of their parent or guardian. We ensure that we do not knowingly store any Personal Information relating to minors.

In the event that we become aware that we have collected Personal Information from a child under the age of 13, we will take steps to dispose of that information as permitted by law and in accordance with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws and regulations.  If you are a parent or guardian and you believe that your child under the age of 13 has provided us with Personal Information without your consent, please contact us at dataprotection@toshibagcs.com

5.  Cookies

Some of our Websites use cookies to track users’ preferences and structure the website optimally. Cookies are small files which are stored temporarily on your hard disk (session-based cookies). These cookies exist only until the end of the Internet session. They are used for navigation and increase the user friendliness of a website. You can still use some of our Website even if you do not want cookies to be created on your computer. However, please note that some functions may be restricted and/or some websites will not be available. Most browsers accept cookies automatically. However, you can prevent this by setting your browser to block all cookies. For details, please refer to the instructions provided by your browser manufacturer.

6.  Links to other websites

Our Websites contain links to other websites where you can find out more about other Toshiba Corporation products, other group companies or our partners. Please note that this data protection declaration does not apply to such linked websites.

7.  Security

Toshiba has implemented technical and organizational security measures to guarantee the security of your Personal Information. Users’ Personal Information is stored in our secure networks and access is restricted to those employees and partners who are entitled to access our systems.

In areas where you enter data we work with the “Secure Socket Layer” (SSL) standard encryption system. Please note that your browser must support encryption protection. You can find this, for example, in Internet Explorer version 3.0 or a higher version and most other browsers. Data is stored in databases which are protected against unauthorized access by security firewalls and software. Whenever your browser displays a closed padlock symbol at the bottom of the screen, or a similar icon/highlighted web address in a different browser, this indicates that your data is being transmitted in an encrypted format.

If the SSL system is not available for technical reasons, an error page is displayed to ensure that under no circumstances can your data be transmitted without encryption.

Please note, however, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed 100% secure.  As a result, we cannot guarantee or warrant the security of any information you transmit to or from our Site.

8. Do Not Track Disclosures

Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services.  Currently, we do not monitor or take any action with respect to these signals or other mechanisms.

9. Policy on Protection of Social Security Numbers

We collect US Social Security numbers (“SSNs”) for lawful purposes in accordance with applicable law, including to process financing documents, and have established a policy to protect and maintain the confidentiality of SSNs. We implement commercially reasonable administrative, technical, and organizational safeguards and controls designed to protect and secure SSNs and prevent the unlawful disclosure and protect against unauthorized access.  In addition, access to SSNs is limited to authorized employees and third parties with a need to know and who are under an obligation of confidentiality. 

10. Visitors to the Website from Outside of the United States and International Data Transfers

Our business headquarters and our website are operated in the United States.  If you are located outside of the United States, please be advised that all of the information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States, and that this is necessary to provide you with the requested information and services and/or to perform any requested transaction.

You are aware and understand that we may transfer or disclose Personal Information that we collect about you to recipients in countries other than your country, including to the United States.  These countries may not have the same data protection laws as the country in which you initially provided the information.  When we transfer or disclose your Personal Information to other countries, we will protect that information as described in this Privacy Declaration and we will take steps to ensure that your Personal Information is adequately protected as required by applicable data protection laws. Where required by local law, we will request your consent to transfer your Personal Information. For more information about our policies regarding cross-border transfers of Personal Information, you may contact us at dataprotection@toshibagcs.com or at the mailing address noted in the “Information/Contacts” section of this Declaration.

11. Changes to This Data Protection Declaration

We may change this Data Protection Declaration by posting a revised version to the Website.  If the changes are material in nature, we will provide notice of the changes on the Website before those changes become effective.  We encourage you to visit the Website often for the most up-to-date information on our privacy practices.

12.  Information/Contacts

Contact us at the following address if you

• wish to correct, delete or block your Personal Information
• wish to obtain information about the Personal Information we have stored about you
• wish to withdraw your consent, if applicable or
• have other questions relating to data protection at TGCS