1. Scope
This section applies to all connected products, digital services and applications ("Connected Products") supplied under by Thermo Fisher Scientific Inc. and its Affiliates (“Thermo Fisher”). It outlines how data generated by the use of Connected Products is accessed, processed, shared, and protected in accordance with the EU Data Act.
2. Categories of Data
Connected Products may generate and process the following categories of data:
- Operational and Usage Data (e.g., performance logs, configuration parameters, usage statistics)
- Diagnostic and Technical Data (e.g., alerts, error codes, maintenance history)
- User Interaction Data (e.g., user settings, control inputs, access logs)
- Environmental or Sensor Data, where applicable (e.g., geolocation, temperature, motion)
- Derived or Inferred Data (e.g., predictive analytics, maintenance indicators)
The type, format, and volume of data may vary depending on the Connected Product and its functionalities.
3. Data Generation Characteristics
- Continuous and Real-Time Data Generation: Certain Connected Products may be capable of generating and transmitting data continuously or in real-time during operation.
- Data Storage: Data may be stored locally on the Connected Product or remotely on secure servers. The duration of storage is determined based on operational needs, user agreements, and legal requirements.
4. Purpose of Data Use
Product-generated data is processed for the following purposes:
- Provision, operation, and maintenance of Connected Products
- Technical support, troubleshooting, updates, and upgrades
- Quality improvement, innovation, and regulatory compliance
- Analytics, product development, and service optimization
- Fulfillment of contractual and legal obligations
Personal data, where present, is processed in accordance with applicable data protection laws. For more information on personal data processing activities, please refer to our privacy notice.
5. Data Access and Sharing
Access to product-generated data is limited to:
- Thermo Fisher for the purposes outlined above
- Authorized Third Parties
- Public Sector Bodies, solely under legal obligations and in accordance with EU Data Act
All access is subject to appropriate contractual, technical, and organizational safeguards.
6. Data Portability and User Rights
For the purposes of this notice, “user” refers to the party that purchases, leases, or otherwise lawfully uses a Connected Product and is entitled under the EU Data Act to access and control data generated through such use. Users have certain rights under the EU Data Act, the rights include:
- Access to product-generated data
- Portability of data to a third party designated by the user
- Authorization of third-party access under fair, reasonable, and non-discriminatory (FRAND) conditions
· Lodging a complaint with the competent supervisory authority in their Member State concerning a breach of their rights under the EU Data Act.
Please refer to Section 9 herein for instructions for exercising these rights.
7. Trade Secrets and Confidential Information
Where product-generated data includes trade secrets or confidential information:
- Access may be restricted where necessary to protect such interests.
- If Thermo Fisher is not the trade secret holder, the identity of the relevant holder may be disclosed where appropriate.
- Thermo Fisher will consider partial or redacted access to data to balance user rights with protection of confidential information.
8. Security and Retention
Appropriate technical and organizational measures are implemented to safeguard data integrity, confidentiality, and availability. Data is retained only as long as necessary to fulfill its processing purposes or comply with legal obligations.
9. Data Access Requests
Users may submit a request to access product-generated data through the following procedure:
- Requests must be submitted in writing via Online Portal Link, and must clearly identify the relevant Connected Product and, where possible, the specific data requested.
- To process a data access request, Thermo Fisher may require the user to provide sufficient information to verify their identity and their entitlement to access the requested data. Requests may be rejected or delayed if identity verification is not successfully completed.
- Upon receipt of a valid request, Thermo Fisher will assess the request in accordance with the applicable provisions of the EU Data Act. Where technically feasible and subject to the conditions set out under the EU Data Act, Thermo Fisher will facilitate access to the requested data.
- Requests to transmit data directly to a third party designated by the user may also be accommodated, in line with the EU Data Act.
- Data access may be restricted where necessary to protect trade secrets, the rights and freedoms of others, the security or integrity of systems, or due to technical limitations or overriding legal obligations.
10. Data Use and Licensing – Applicability under EU Data Act or Equivalent Legislation
- Where and to the extent that the EU Data Act or any similar legislation with equivalent effect applies in a relevant jurisdiction, and subject to mandatory law, Thermo Fisher and designated third parties may use and make available to third parties, without time limitation, non-personal data generated during or in connection with the use of the Connected Product, whether by the customer, its affiliates, or any third-party user, in the past or in the future.
- Where such non-personal data qualifies as “readily available data” under the EU Data Act or equivalent legislation, the user of the Connected Product — whether the customer, its affiliate, or a third party — hereby grants to Thermo Fisher an irrevocable, non-exclusive, transferable, worldwide, royalty-free, and time-unlimited license to use such data and to sublicense it to Thermo Fisher’s affiliates and/or third parties, including with full rights of further sublicensing by any sublicensees. The customer shall ensure that any such user is bound by or consents to this license grant.
- Where the customer or its affiliates sells, transfers, or otherwise makes the Connected Product permanently available to any third party, the customer shall ensure that such third party grants to Thermo Fisher a license in respect of non-personal data on the same terms as set out in this Clause 10.