Telit Cinterion Data Act Addendum
1. Background. Telit’s provision of the Services to Customer involves processing data generated from the use of Connected Products or Related Services, as defined in Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonized rules on fair access to and use of data (the “Data Act”) which are placed on the market in the EU, and for which article 1(3)(a) of the Data Act applies. This Data Act Addendum (the “Addendum”) seeks to regulate Telit’s processing of such data under the Data Act and is incorporated by reference into the Terms and Conditions signed by the Customer, including any of its constituent parts, referenced documents, and mutually agreed Subsequent Orders made under it (the “Agreement”). In this Addendum, capitalized terms shall have the same meaning as set out in the Agreement or in the Data Protection Addendum (the “DPA”), unless otherwise defined within any of the parts comprising this Addendum.
2. Precedence. In the event of a conflict between this Addendum and any other agreement, the following order of precedence shall apply: (1) for Personal Data – the DPA; (2) this Addendum; (3) the Agreement.
3. Definitions. In this Addendum, the following words shall have the following meanings:
3.1. “Data” means any digital representation of acts, facts, or information and any compilation of such acts, facts, or information, including in the form of sound, visual, or audiovisual recording.
3.2. “Non-Personal Data” means Agreement Data excluding Personal Data.
3.3. “Connected Product” means an item that obtains, generates, or collects data concerning its use or environment and that is able to communicate product data via an electronic communications service, physical connection, or on-device access, and whose primary function is not the storing, processing, or transmission of data on behalf of any party other than the User.
3.4. “Related Service” means a digital service, other than an electronic communications service, including software, which is connected with the product at the time of the purchase, rent, or lease in such a way that its absence would prevent the connected product from performing one or more of its functions, or which is subsequently connected to the product by the manufacturer or a third party to add to, update, or adapt the functions of the connected product;
3.5. “User” means a natural or legal person that owns a connected product or to whom temporary rights to use that connected product have been contractually transferred, or that receives related services.
3.6. “Data Holder” means a natural or legal person that has the right or obligation, in accordance with this Regulation, applicable EU law, or national legislation adopted in accordance with EU law, to use and make available data, including, where contractually agreed, Product Data or Related Service Data which it has retrieved or generated during the provision of a related service;
3.7. “Product Data” means data generated by the use of a connected product designed to be retrievable, via an electronic communications service, physical connection, or on-device access transferred to Telit by the Customer as part of the Agreement.
3.8. “Related Service Data” means data representing the digitization of user actions or of events related to the Connected Product, recorded intentionally by the user or generated as a by-product of the user’s action during the provision of a related service as part of the Agreement.
3.9. “Agreement Data” means Product Data and Related Service Data, and excluding any data that is solely electronic communication data;
3.10. “Data Recipient” means a natural or legal person, acting for purposes which are related to that person’s trade, business, craft, or profession, other than the User, to whom the Data Holder makes data available, including a third party following a request by the User to the Data Holder or in accordance with a legal obligation under EU law or national legislation adopted in accordance with EU law; and
3.11. “Data Processing Services” means a digital service that is provided to a customer and that enables ubiquitous and on-demand network access to a shared pool of configurable, scalable, and elastic computing resources of a centralized, distributed, or highly distributed nature that can be rapidly provisioned and released with minimal management effort or service provider interaction.
4. Roles. For the purposes of the Addendum, Customer is considered the User, and Telit is considered the Data Holder.
5. Scope. The Product Data and Related Service Data processed by Telit as a Data Holder as part of the provision of the Services under the Agreement can be found at https://www.telit.com/telit-cinterion-eu-data-act-notice/ (the “Notice”). If, during the term of the Agreement, new data are processed, the Notice will be amended accordingly. If such amendment adversely affects User’s rights to access Agreement Data or its rights under the Data Act, Telit shall notify User at least 15 days prior to such change, unless immediate changes are mandated by security reasons.
6.1. Telit shall use the Non-Personal Data only for (i) the purposes detailed in the Agreement or activities related thereto; (ii) providing support, warranty, guarantee, or similar services or to assess claims (e.g., regarding malfunctions of the Product) related to the Product or Related Service; (iii) monitoring and maintaining the functioning, safety, and security of the Product or Related Service and ensuring quality control; improving the functioning of any product or related service; (iv) developing new products or services by Telit or third parties acting on its behalf; and (v) aggregating these Data with other data or creating derived data, for any lawful purpose, provided such data do not allow specific data transmitted to the Data Holder from the Connected Product to be identified or allow a third party to derive those data from the dataset.
6.2. Telit will not use the Agreement Data to derive insights about the economic situation, assets, and production methods of the Customer, or about the use of the Product or Related Service by the Customer in any other manner that could undermine the commercial position of the Customer on the markets in which the Customer is active.
7. Sub-Processors. Telit may share Non-Personal Data with third parties if the Non-Personal Data is used by the third party under the restrictions detailed in clause 6. Any such third party shall not further transfer any Non-Personal Data unless the User agrees to such transfer, or unless such data transfer is required, in the interest of the User, to fulfill this Agreement or any contract between the third party and the User. Telit and the third parties may always use Data Processing Services.
8. Data Security. Telit shall apply measures for the protection of Agreement Data that are appropriate in the circumstances, considering the state of science and technology, potential harm to the User as a result of loss or unlawful disclosure of Agreement Data, and the costs of implementing such measures.
9. Data Access.
Without derogating from the provisions of the DPA, and notwithstanding the provisions of the Agreement, the following shall apply:
9.1. The User shall be granted access to the Agreement Data easily and securely, as part of the Services, as detailed in the Notice.
9.2. The Agreement Data shall be made accessible to the User by the Data Holder, at the request of the User or a party acting on their behalf.
9.3. The Data Holder shall make the Non-Personal Data available to the User, without undue delay, free of charge for the User, with at least the same quality as it becomes available to the Data Holder, and in a comprehensive, structured, commonly used, and machine-readable format.
9.4. The Agreement Data shall be made available to a Data Recipient by the Data Holder, free of charge for the User, upon request presented by the User or a party acting on its behalf.
- The User may use the Agreement Data made available by the Data Holder upon their request for any lawful purpose, subject to the following limitations:
9.5.1. Not to use the Data to develop a Connected Product that competes with Telit Connected Products, nor share the Agreement Data with a third party with that intent.
9.5.2. Not to use Agreement Data to derive insights about the economic situation, assets, and production methods of Telit.
9.5.3. Not to use coercive means to obtain access to Agreement Data or, for that purpose, abuse gaps in the Data Holder’s technical infrastructure designed to protect the Agreement Data;
9.5.4. Not to share the Agreement Data with a third party considered a gatekeeper under Article 3 of Regulation (EU) 2022/1925;
9.5.5. Not to use the Agreement Data they receive for any purposes that infringe EU law or applicable national law.
10. Upon termination of the Agreement, the Data Holder shall cease to retrieve the Agreement Data as of the date of termination. The Data Holder shall remain entitled to use and share the Agreement Data generated or recorded before the date of termination as detailed in this Addendum.