Data Use and Access Policy (Data Act)

Version: 20260919. This English version is a translation of the French version, which prevails in the event of any discrepancy.

This Policy provides information on the data generated by the use of Matvision’s connected products and related services, in accordance with Article 3(2) and (3) of Regulation (EU) 2023/2854 (the “Data Act”). In this Policy, “Matvision” means Matvision SRL, a private limited company with registered office at Quai Sur Meuse 19, 4000 Liège, Belgium, registered with the Crossroads Bank for Enterprises under number 1003.697.996.

Please read this Policy to find out, among other things, which data may be generated by Matvision’s connected products and related services covered by the sales or service contract (the “Main Contract”) between you and Matvision, how such data may be stored or used, and how you, as a user within the meaning of the Data Act (“you” or “user”), may access it.

1. What this Policy does and does not cover:

1.1 This Policy applies to certain data generated by Matvision’s connected products or related services, in particular product data, related service data and the corresponding metadata. Such data may include data generated as a result of the use of a Matvision connected product, where it can be retrieved, or data representing the digitisation of user actions or of events related to a Matvision connected product. This Policy applies to data that is not substantially modified, i.e. raw data, as well as data that has been pre-processed for the purpose of making it understandable and usable prior to further processing and analysis, but does not cover data derived or inferred from such data.

1.2 The data may include personal data and non-personal data. However, this Policy does not constitute a privacy notice within the meaning of Regulation (EU) 2016/679 (the “General Data Protection Regulation” or “GDPR”). Where such data containing personal data is collected, processed or used by Matvision, such collection, processing or use is carried out in accordance with data protection legislation and with Matvision’s privacy policy, which can be consulted at the following link: https://matvision.eu/privacy-policy/.

2. Matvision’s connected products

2.1 Matvision’s connected products include a robotic sorting machine, as well as the hardware and all products supplied by Matvision to its customers (hereinafter the “Product(s)”).

2.2 The Products are generally capable of generating data on device usage, the status of hardware components, device settings, user preferences, error reports, the internal state of the software and statistical information. They also generate classification and sorting results for the pieces processed (detected objects, assigned classes, picking regions, production counters and statistics). For a portion of the pieces processed, according to a configurable sampling rate, the Products also record the raw sensor data associated with the piece (per-pixel data from the machine’s sensors). Some of this data may be generated continuously and in real time. On the device, data is generated as text files (log files in .log format) or recorded in a MongoDB database. The user can consult the data made available to it directly through the machine’s graphical user interface (GUI) and, where it is supplied with the Product, through the dashboard.

2.3 The estimated volume of data generated by the Product varies considerably depending on several factors, including the type of machine, the sensors used, the quantity of material processed and the sampling rate of sensor data.

3. Matvision’s related services

3.1 Matvision’s related services include, among others, preventive and corrective maintenance, remote support and diagnostics, remote updates of the software and of the sorting models, the dashboard hosted by Matvision where it is supplied with the Product, and other Matvision services linked to the Products that qualify as related services within the meaning of the Data Act (hereinafter the “Service(s)”).

3.2 The Service may process Product data to the extent and for as long as necessary for the provision of the Service concerned and may affect the behaviour of the Product during its operation. Product data used by the Services may include information on device usage, the status of hardware components, device settings, user preferences, error reports, statistical information, as well as, where applicable, the sorting results and production statistics displayed in the dashboard.

3.3 The Service itself may generate data relating to the use of the Service, Service settings, user preferences, error reports and statistical information.

3.4 The volume of Service data varies depending on the same factors as those set out in Article 2.3 (type of machine, sensors used, quantity of material processed, sampling rate).

4. Storage of data relating to the Products and related Services

4.1 The Products and Services may store certain data on a device integrated into the equipment. A Product or Service connected to the Internet may also store certain data on external servers.

4.2 Data stored on the device is retained for a fixed period, for example to ensure internal system communication and to ensure the functionality, security and safety of the Product and of the software or Services running on it. Data is retained on the device for a maximum of ten (10) years; certain categories of data may be retained for a shorter period.

4.3 Data stored on external servers is generally retained only for as long as necessary to achieve the purposes for which it was collected and processed or, where applicable law provides for longer storage and retention periods, for the period required by law. Such purposes may include, for example, ensuring the proper functioning of the Product, providing a Service requested by the user, preventing fraud or other illegal activities, or improving Matvision’s Products and Services.

5. Access to data by the user and by third parties

5.1 The user has the right to access certain data relating to the Products or Services (including the relevant metadata) or to share it with third parties in accordance with Articles 4 and 5 of the Data Act. Upon an access request by the user, a third party may obtain access to Matvision’s data (the “recipient”).

5.2 The user or the recipient may access the data relating to the Products and related Services stored on Matvision’s servers, and share it, by submitting an access request by email to info@matvision.eu or through the contact form available at https://matvision.eu/contact/, in both cases marked “Data access request (Data Act)”. Access to such data relating to the Products or related Services is subject to the general terms and conditions for data access and use, available at the following address: https://matvision.eu/data-access-terms/.

5.3 The information provided by the user or the recipient in the data access request and/or in any other email communication with Matvision prior to and in connection with the making available of the requested data must be complete and accurate.

5.4 Matvision may verify the data access request with the user of the Matvision Product and/or related Services within the meaning of the Data Act. Matvision is not required to verify the identity of, or investigate, any recipient of the requested data specified in the access request, including a recipient that is a third party accessing Matvision’s data following a data access request. The same applies to the email address to which the requested data is to be sent, as specified in the access request.

5.5 Matvision may refuse to provide data following an access request if (i) the conditions set out in Article 4 or Article 5 of the Data Act are not met, (ii) the verification of the data access request was unsuccessful or (iii) there are legitimate reasons to doubt the accuracy of the information contained in the access request or in any other email communication relating to the data access request, which could not be resolved after consultation in good faith with the user or the recipient.

5.6 Once the data access request has been verified, Matvision provides the requested data free of charge by email to the destination email address. The data relating to the Products and related Services is made available without any representation or warranty as to the quality or content of the data beyond what is required by Article 4(1) of the Data Act.

5.7 Certain data relating to the Products or related Services may contain Matvision trade secrets. Consequently, access to such data may be subject to restrictions in accordance with applicable legislation and with the general terms and conditions for data access and use.

6. Use of readily available data by Matvision

6.1 Product data and related service data are readily available data where they are lawfully obtained or can be lawfully obtained by Matvision from the Product or related Service without disproportionate effort going beyond a simple operation.

6.2 Matvision may use readily available data (i) to provide its Services, (ii) to ensure the functioning, security and safety of its Products and Services, (iii) to prevent fraud or other illegal activities, (iv) to provide support, (v) to improve its products and services, (vi) to develop new products, (vii) to personalise offers and recommendations or (viii) to comply with the legal obligations to which Matvision is subject.

7. Sharing of data by Matvision with third parties

7.1 Data may be shared by Matvision with third parties who may use it for the following purposes: (i) to enable Matvision to provide its services, (ii) to ensure the functioning, security and safety of its Products and Services, (iii) to prevent fraud or other illegal activities, (iv) to provide support, warranty-related services or similar services, (v) to improve its Products and Services, (vi) to develop new products, (vii) to personalise offers and recommendations or (viii) to comply with the legal obligations to which Matvision is subject. Data may also be shared with third parties for other purposes agreed with the user.

7.2 Data may be shared with Matvision’s partners and subcontractors acting on behalf of Matvision in order to provide the Service.

8. Data generated during feasibility studies and tests

8.1 Where the customer supplies materials to Matvision in order to assess the feasibility of a collaboration (feasibility study or test), the measurements, spectral signatures, images, sensor recordings, annotations and other data generated by Matvision from such materials (the “test data”) are produced by Matvision’s equipment, at its premises or at the premises of its subcontractors and partners, before any Main Contract is concluded. They are governed by Matvision’s general terms and conditions (Article 2) and by this section.

8.2 Matvision reserves the right to retain the test data and to use it for other applications, including where the study is inconclusive or is not followed by an order for a machine. Test data so retained is anonymised, meaning that it is dissociated from the customer’s identity, from the origin of the materials and from any element allowing the customer to be identified.

8.3 Anonymised test data is solely integrated into the reference database of Matvision’s sorting systems for the purposes of training, calibrating and improving those systems. It is not used to extract, reconstruct or infer information relating to the customer’s production, volumes, flows or processes, and is not disclosed to third parties in any form allowing the customer to be identified.

9. Term

9.1 This Policy applies for the entire duration of the Main Contract between Matvision and the user.

9.2 In the event of an access and/or sharing request by the user, the contract concluded between Matvision and the user or between Matvision and the recipient shall cease to apply:

a) when the Product or related Service is no longer able to generate data; or,

b) when the user’s rights concerning the Product or the user’s rights concerning the related Service under the contract with Matvision come to an end;

c) when the user no longer wishes to share and/or access the data generated by the Product or related Service; or,

d) when the user and Matvision so agree.

9.3 By way of exception to Article 9.2, the confidentiality obligations provided for in the contract concluded between Matvision and the user or between Matvision and the recipient shall remain valid for five years.

10. Right to lodge a complaint

10.1 Under applicable European legislation, you have the right to lodge a complaint with the competent authority of the European Union.

11. Contact

11.1 If you have any questions regarding this Policy, please contact Matvision at the following address: Matvision SRL, Quai sur Meuse 19, 4000 Liège, Belgium, info@matvision.eu.