skip to content

Data Privacy and protection policy

This Data Privacy & Protection Policy explains how information about you is collected, used, disclosed and otherwise processed by TSI Incorporated and its subsidiaries and affiliated companies acting as a data controller for the purpose of applicable data protection law (collectively, “we”, “our” or “us”).

This Data Privacy & Protection Policy applies to information we collect about you when you use our websites, devices, mobile applications and other online products and services provided by us, or when you otherwise interact with us. Some of this information may be deemed to be personal information.

We reserve the right to change this Data Privacy & Protection Policy from time to time. If we make changes, we will revise the date at the top of this Data Privacy & Protection Policy. You are encouraged to review this Data Privacy & Protection Policy whenever you access our websites, devices, mobile applications or other online products and services to be informed about our data handling practices and how you can help protect your privacy. Your continued use after such changes have been notified will constitute your consent to those changes.

Collection of Information

Information You Provide to Us

TSI collects information, including personal information, that you provide to us in connection with your use of the products and services identified in this policy. In particular, TSI collects information when you create an online/mobile application account and/or profile, use or access our products or services, fill out a form, provide us with your business card or other contact information, complete a survey, sign up to receive one of our newsletters, make a purchase, communicate with us via third party social media sites, request support or otherwise communicate with TSI. We may collect, but are not limited to, the following:

  • your name and your company name and contact information
  • email address
  • postal address
  • phone number
  • job function / title
  • industry information
  • product and service information related to your account (e.g., serial number and date purchased)
  • payment information
  • activation codes
  • any other information you provide

Information We Collect Automatically

Registration and Order Forms

If you choose to register with us or request product information online, you will be asked to complete a form providing personal information.

If you are registering with one of our product groups or using a form to request detailed product information, we ask that you provide certain contact information and may ask for detailed demographic and application information. This helps us fulfill your request and allows us to tailor the information we send you regarding TSI's products and services. If you do not wish to receive additional mailings from us, please refer to the "Opt Out" section below.

IP Address

We capture your IP address to help us identify you. We may also use your IP address to help diagnose problems with our server, administer our Internet sites, and gather broad demographic information to measure general interest in our products.

Cookies

Our web servers may direct your browser to place short pieces of information, or "cookies," on your computer's hard drive. Our cookies do not extract personal identifying information about you.

Security

TSI Incorporated's Internet sites have security measures in place to protect against the loss, misuse, and alteration of information under our control. This includes protecting information behind a firewall, encrypting ordering information you send to us, and providing a secure barrier between your personal data and the Internet.

Affiliate Involvement

In the normal course of business, you may request information on TSI products through forms and surveys found on our Internet site. In that event, the contact information provided may be forwarded to affiliate organizations for inquiry fulfillment and sales follow-up.

Third Party Disclosure

Except as noted above, in the normal course of business, TSI Incorporated will not disclose personal information to third parties. We may release account information when, in good faith, we believe it necessary to (i) comply with law, (ii) enforce the terms of any user agreements, and (iii) protect the rights, property, safety of TSI Incorporated or its employees.

Links To Other Sites

TSI's Internet sites contain links to third party sites. TSI Incorporated is not responsible for the privacy practices or the content of these third party sites.

Correcting/Updating Information

To change or modify information you provided to us previously, send changes or updates via one of the methods listed under Contact Information.


1. Introduction TO GDPR


1.1 Background to the General Data Protection Regulation (‘GDPR’) 
The General Data Protection Regulation 2016 replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of natural persons (i.e. living individuals) and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent. 

1.2 TSI will use definitions from the GDPR throughout this document
Material scope (Article 2) – the GDPR applies to the processing of personal data wholly or partly by automated means (i.e. by computer) and to the processing other than by automated means of personal data (i.e. paper records) that form part of a filing system or are intended to form part of a filing system.

Territorial scope (Article 3) – the GDPR will apply to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It will also apply to controllers outside of the EU that process personal data in order to offer goods and services, or monitor the behavior of data subjects who are resident in the EU.

1.3 Article 4 definitions

Establishment – the main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose and means of its data processing activities. The main establishment of a processor in the EU will be its administrative centre. If a controller is based outside the EU, it will have to appoint a representative in the jurisdiction in which the controller operates to act on behalf of the controller and deal with supervisory authorities.

Personal data – any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Special categories of personal data – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.

Data controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Data subject – any living individual who is the subject of personal data held by an organisation.

Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behavior. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.

Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.

Data subject consent - means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.

Child – the GDPR defines a child as anyone under the age of 16 years old, although this may be lowered to 13 by Member State law. The processing of personal data of a child is only lawful if parental or custodian consent has been obtained. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child.

Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Filing system – any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.


2. Policy statement



2.1 The management of TSI Incorporated, located at 500 Cardigan Road, Shoreview, MN 55126 are committed to compliance with all relevant EU and Member State laws in respect of personal data, and the protection of the “rights and freedoms” of individuals whose information TSI Incorporated collects and processes in accordance with the General Data Protection Regulation (GDPR). 
2.2 Compliance with the GDPR is described by this policy and other relevant policies, along with connected processes and procedures. 
2.3 The GDPR and this policy apply to all of TSI Incorporated’s personal data processing functions, including those performed on customers’, clients’, employees’, suppliers’ and partners’ personal data, and any other personal data the organisation processes from any source.
2.4 The Director of Information Technology is responsible for reviewing the register of processing annually in the light of any changes to TSI Incorporated’s activities (as determined by changes to the data inventory register and the management review) and to any additional requirements identified by means of data protection impact assessments. This register needs to be available on the supervisory authority’s request.
2.5 This policy applies to all Employees/Staff of TSI Incorporated. Any breach of the GDPR will be dealt with under TSI Incorporated’s disciplinary policy and may also be a criminal offence, in which case the matter will be reported as soon as possible to the appropriate authorities. 
2.6 Partners and any third parties working with or for TSI Incorporated, and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy. No third party may access personal data held by TSI Incorporated without having first entered into a data confidentiality agreement, which imposes on the third party obligations no less onerous than those to which TSI Incorporated is committed, and which gives TSI Incorporated the right to audit compliance with the agreement.

 TSI Incorporated’s objectives for compliance with the GDPR: 

  • are consistent with this policy
  • are measurable
  • take into account GDPR
  • are monitored
  • are communicated
  • are updated as appropriate 

In order to achieve these objectives, TSI has determined: 

  • what will be done
  • what resources will be required
  • who will be responsible
  • when it will be completed
  • how the results will be evaluated


3. Responsibilities and roles under the General Data Protection Regulation



3.1 TSI Incorporated is a data controller under the GDPR.
3.2 Top Management and all those in managerial or supervisory roles throughout TSI Incorporated are responsible for developing and encouraging good information handling practices within TSI Incorporated; responsibilities are set out in individual job descriptions.
3.3 The Director of Information Technology, TSI’s Director of Information Technology, has been appointed to take responsibility for TSI Incorporated’s compliance with this policy on a day-to-day basis and, in particular, has direct responsibility for ensuring that TSI Incorporated complies with the GDPR, as do Manager/Executive’s in respect of data processing that takes place within their area of responsibility.  
3.4 Compliance with data protection legislation is the responsibility of all Employees/Staff of TSI Incorporated who process personal data. 
3.5 TSI Incorporated’s Training Policy sets out specific training and awareness requirements in relation to specific roles and Employees/Staff of TSI Incorporated generally.
3.6 Employees/Staff of TSI Incorporated are responsible for ensuring that any personal data about them and supplied by them to TSI Incorporated is accurate and up-to-date.


4. Data protection principles



All processing of personal data must be conducted in accordance with the data protection principles as set out in Article 5 of the GDPR. TSI Incorporated’s policies and procedures are designed to ensure compliance with the principles.

4.1 Personal data must be processed lawfully, fairly and transparently
Lawful – identify a lawful basis before you can process personal data. These are often referred to as the “conditions for processing”, for example consent.

Fairly – in order for processing to be fair, the data controller has to make certain information available to the data subjects as practicable. This applies whether the personal data was obtained directly from the data subjects or from other sources. 

The GDPR has increased requirements about what information should be available to data subjects, which is covered in the ‘Transparency’ requirement.

Transparently – the GDPR includes rules on giving privacy information to data subjects in Articles 12, 13 and 14. These are detailed and specific, placing an emphasis on making privacy notices understandable and accessible. Information must be communicated to the data subject in an intelligible form using clear and plain language. 

The specific information that must be provided to the data subject must, as a minimum, include:
4.1.1 the identity and the contact details of the controller and, if any, of the controller's representative;
4.1.2 the contact details of the The Director of Information Technology;
4.1.3 the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
4.1.4 the period for which the personal data will be stored;
4.1.5 the existence of the rights to request access, rectification, erasure or to object to the processing, and the conditions (or lack of) relating to exercising these rights, such as whether the lawfulness of previous processing will be affected;
4.1.6 the categories of personal data concerned;
4.1.7 the recipients or categories of recipients of the personal data, where applicable;
4.1.8 where applicable, that the controller intends to transfer personal data to a recipient in a third country and the level of protection afforded to the data;
4.1.9 any further information necessary to guarantee fair processing.

4.2 Personal data can only be collected for specific, explicit and legitimate purposes 
Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the supervisory authority as part of TSI Incorporated’s GDPR register of processing. 

4.3 Personal data must be adequate, relevant and limited to what is necessary for processing 
4.3.1 The Director of Information Technology is responsible for ensuring that TSI Incorporated does not collect information that is not strictly necessary for the purpose for which it is obtained. 
4.3.2 All data collection forms (electronic or paper-based), including data collection requirements in new information systems, must be include a fair processing statement or link to privacy statement and approved by the Director of Information Technology. 

4.4 Personal data must be accurate and kept up to date with every effort to erase or rectify without delay 
4.4.1 Data that is stored by the data controller must be reviewed and updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate. 
4.4.2 The Director of Information Technology is responsible for ensuring that all staff are trained in the importance of collecting accurate data and maintaining it. 
4.4.3 It is also the responsibility of the data subject to ensure that data held by TSI Incorporated is accurate and up to date. Completion of a registration or application form by a data subject will include a statement that the data contained therein is accurate at the date of submission. 
4.4.4 Employees/Staff/Customers are be required to notify TSI Incorporated of any changes in circumstance to enable personal records to be updated accordingly. Instructions for updating records are contained in the IT Department. It is the responsibility of TSI Incorporated to ensure that any notification regarding change of circumstances is recorded and acted upon. 
4.4.5 The Director of Information Technology is responsible for ensuring that appropriate procedures and policies are in place to keep personal data accurate and up to date, taking into account the volume of data collected, the speed with which it might change and any other relevant factors. 
4.4.6 On at least an annual basis, the Director of Information Technology will review the retention dates of all the personal data processed by TSI Incorporated, by reference to the data inventory, and will identify any data that is no longer required in the context of the registered purpose.  This data will be securely deleted/destroyed in line with a secure disposal of storage media procedure.
4.4.7 The Director of Information Technology is responsible for making appropriate arrangements that, where third-party organisations may have been passed inaccurate or out-of-date personal data, to inform them that the information is inaccurate and/or out of date and is not to be used to inform decisions about the individuals concerned; and for passing any correction to the personal data to the third party where this is required.

4.5 Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing.
4.5.1 Where personal data is retained beyond the processing date, it will be encrypted in order to protect the identity of the data subject in the event of a data breach. 
4.5.2 The Director of Information Technology must specifically approve any data retention that exceeds the retention periods defined by TSI Incorporated, and must ensure that the justification is clearly identified and in line with the requirements of the data protection legislation. This approval must be written.

4.6 Personal data must be processed in a manner that ensures the appropriate security 
The Director of Information Technology / GDPR Owner will carry out a risk assessment taking into account all the circumstances of TSI Incorporated’s controlling or processing operations.

In determining appropriateness, the Director of Information Technology / GDPR Owner should also consider the extent of possible damage or loss that might be caused to individuals (e.g. staff or customers) if a security breach occurs, the effect of any security breach on TSI Incorporated itself, and any likely reputational damage including the possible loss of customer trust.

When assessing appropriate organisational measures the Director of Information Technology will consider the following:

  • The appropriate training levels throughout TSI Incorporated;
  • Measures that consider the reliability of employees (such as references etc.);
  • The inclusion of data protection in employment contracts;
  • Identification of disciplinary action measures for data breaches;
  • Monitoring of staff for compliance with relevant security standards;
  • Physical access controls to electronic and paper based records;
  • Adoption of a clear desk policy;
  • Storing of paper based data in lockable fire-proof cabinets;
  • Restricting the use of portable electronic devices outside of the workplace;
  • Restricting the use of employee’s own personal devices being used in the workplace;
  • Adopting clear rules about passwords;
  • Making regular backups of personal data and storing the media off-site;
  • The imposition of contractual obligations on the importing organisations to take appropriate security measures when transferring data outside the EEA. 

These controls have been selected on the basis of identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed.


4.7 The controller must be able to demonstrate compliance with the GDPR’s other principles (accountability)

The GDPR includes provisions that promote accountability and governance. These complement the GDPR’s transparency requirements. The accountability principle in Article 5(2) requires us to demonstrate that we comply with the principles and states explicitly that this is our responsibility.

TSI Incorporated will demonstrate compliance with the data protection principles by implementing data protection policies, adhering to codes of conduct, implementing technical and organisational measures, as well as adopting techniques such as data protection by design, DPIAs, breach notification procedures and incident response plans.


5. Data subjects’ rights



5.1 Data subjects have the following rights regarding data processing, and the data that is recorded about them:
5.1.1 To make subject access requests regarding the nature of information held and to whom it has been disclosed.
5.1.2 To prevent processing likely to cause damage or distress.
5.1.3 To prevent processing for purposes of direct marketing.
5.1.4 To be informed about the mechanics of automated decision-taking process that will significantly affect them.
5.1.5 To not have significant decisions that will affect them taken solely by automated process.
5.1.6 To sue for compensation if they suffer damage by any contravention of the GDPR.
5.1.7 To take action to rectify, block, erased, including the right to be forgotten, or destroy inaccurate data. 
5.1.8 To request the supervisory authority to assess whether any provision of the GDPR has been contravened. 
5.1.9 To have personal data provided to them in a structured, commonly used and machine-readable format, and the right to have that data transmitted to another controller.
5.1.10 To object to any automated profiling that is occurring without consent. 

5.2 TSI Incorporated ensures that data subjects may exercise these rights:
5.2.1 Data subjects may make data access requests and TSI Incorporated has also outlined how TSI Incorporated will ensure that its response to the data access request complies with the requirements of the GDPR. 
5.2.2 Data subjects have the right to complain to TSI Incorporated related to the processing of their personal data, the handling of a request from a data subject and appeals from a data subject on how complaints have been handled.


6. Consent



6.1 TSI Incorporated understands ‘consent’ to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject can withdraw their consent at any time.
6.2 TSI Incorporated understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing. 
6.3 There must be some active communication between the parties to demonstrate active consent. Consent will not be inferred from non-response to a communication. The Controller must be able to demonstrate that consent was obtained for the processing operation.
6.4 For sensitive data, explicit written consent of data subjects must be obtained unless an alternative legitimate basis for processing exists.
6.5 In most instances, consent to process personal and sensitive data is obtained routinely by TSI Incorporated using standard consent documents [reference] e.g. when a new client signs a contract, or during induction for participants on programmes. 
6.6 Where TSI Incorporated provides online services to children, parental or custodial authorisation must be obtained. This requirement applies to children under the age of 16 (unless the Member State has made provision for a lower age limit, which may be no lower than 13).


7. Security of data



7.1 All Employees/Staff are responsible for ensuring that any personal data that TSI Incorporated holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by TSI Incorporated to receive that information. 
7.2 All personal data should be accessible only to those who need to use it, and access may only be granted by the DPO. All personal data should be treated with the highest security and must be kept:

  • in a lockable room with controlled access; and/or 
  • in a locked drawer or filing cabinet; and/or 
  • if computerised, password protected in line with corporate requirements; and/or 
  • stored on (removable) computer media which are encrypted.  

7.3 Care must be taken to ensure that PC screens and terminals are not visible except to authorised Employees/Staff of TSI Incorporated. 
7.4 Manual records may not be left where they can be accessed by unauthorised personnel and may not be removed from business premises without explicit authorisation. As soon as manual records are no longer required for day-to-day client support, they must be removed from secure archiving in line with.
7.5 Processing of personal data ‘off-site’ presents a potentially greater risk of loss, theft or damage to personal data. Staff must be specifically authorised to process data off-site.


8. Disclosure of data



8.1 TSI Incorporated must ensure that personal data is not disclosed to unauthorised third parties which includes family members, friends, government bodies, and in certain circumstances, the Police. All Employees/Staff should exercise caution when asked to disclose personal data held on another individual to a third party.  It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of TSI Incorporated’s business.
8.2 All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by the Director of Information Technology.


9. Retention and disposal of data



9.1 TSI Incorporated shall not keep personal data in a form that permits identification of data subjects for longer a period than is necessary, in relation to the purpose(s) for which the data was originally collected. 
9.2 TSI Incorporated may store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the implementation of appropriate technical and organisational measures to safeguard the rights and freedoms of the data subject.
9.3 Personal data must be disposed of securely in accordance with the sixth principle of the GDPR – processed in an appropriate manner to maintain security, thereby  protecting the “rights and freedoms” of data subjects. Any disposal of data will be done in accordance with a secure disposal procedure.


10. Data transfers



10.1 All exports of data from within the European Economic Area (EEA) to non-European Economic Area countries (referred to in the GDPR as ‘third countries’) are unlawful unless there is an appropriate “level of protection for the fundamental rights of the data subjects”. 

The transfer of personal data outside of the EEA is prohibited unless one or more of the specified safeguards, or exceptions, apply:
10.1.1 An adequacy decision
The European Commission can and does assess third countries, a territory and/or specific sectors within third countries to assess whether there is an appropriate level of protection for the rights and freedoms of natural persons. In these instances no authorisation is required.
Countries that are members of the European Economic Area (EEA) but not of the EU are accepted as having met the conditions for an adequacy decision. 
A list of countries that currently satisfy the adequacy requirements of the Commission are published in the Official Journal of the European Union. http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm
10.1.2 Privacy Shield
If TSI Incorporated wishes to transfer personal data from the EU to an organisation in the United States it should check that the organisation is signed up with the Privacy Shield framework at the U.S. Department of Commerce. The obligation applying to companies under the Privacy Shield are contained in the “Privacy Principles”. The US DOC is responsible for managing and administering the Privacy Shield and ensuring that companies live up to their commitments. In order to be able to certify, companies must have a privacy policy in line with the Privacy Principles e.g. use, store and further transfer the personal data according to a strong set of data protection rules and safeguards. The protection given to the personal data applies regardless of whether the personal data is related to an EU resident or not. Organisations must renew their “membership” to the Privacy Shield on an annual basis. If they do not, they can no longer receive and use personal data from the EU under that framework.

Assessment of adequacy by the data controller 

In making an assessment of adequacy, the UK based exporting controller should take account of the following factors:

  • the nature of the information being transferred;
  • the country or territory of the origin, and final destination, of the information;
  • how the information will be used and for how long;
  • the laws and practices of the country of the transferee, including relevant codes of practice and international obligations; and
  • the security measures that are to be taken as regards the data in the overseas location. 

10.1.3 Binding corporate rules 
TSI Incorporated may adopt approved binding corporate rules for the transfer of data outside the EU. This requires submission to the relevant supervisory authority for approval of the rules that TSI Incorporated is seeking to rely upon.

10.1.4 Model contract clauses
TSI Incorporated may adopt approved model contract clauses for the transfer of data outside of the EEA. 

10.1.5 Exceptions
In the absence of an adequacy decision, Privacy Shield membership, binding corporate rules and/or model contract clauses, a transfer of personal data to a third country or international organisation shall only take place on one of the following conditions

  • the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;
  • the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject's request;
  • the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person;
  • the transfer is necessary for important reasons of public interest;
  • the transfer is necessary for the establishment, exercise or defence of legal claims; and/or
  • the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent.

Need Help Finding a Product?

  1. 1 Where are you trying to make a measurement?
  2. 2 What is your application?
  3. 3 What are you trying to measure?
If you are seeing this, then the pnlEUCookieScripts is working