Owns Customer Property but No Product Integration

E

errishuman

#1
hi! guys...first time posting and would like to start off something that is light issue and yet confusing with doubts.

(A) My company obtained customer personal details when they joined company's membership with card issued for something like getting product discounts, collecting points when they buy our products and using those points to redeems certain products. And we use those customer details to notify them through emails and text messaging on certain product promotions.

(B) Secondly, our company had a periodical event with unique way of marketing approach, they (customer) have an opportunities for their image to be taken together with our product and if selected, their image will be advertised in our product and branding advertisement.

You see, A & B doesn't incorporates directly into our product, or is it?
Under 7.5.4, if an org lost the customer properties, in this case, the A) customer personal infos, B) Customer photos/images, ....here's my confusion, are this consider customer property in the first place?
 
Elsmar Forum Sponsor

somashekar

Staff member
Admin
#2
Re: Owns customer property but no product integration?

Welcome here to the COVE errishuman.

You will go crazy if you call customer information as customer property.

When you collect such information make them aware that this information will be confidential within the company and may be used for product promotional purposes at the sole discretion of the company and no payments will be made to any person if so selected and used in company advertising. Accordingly keep them within your company control. These are customer information or customer data base and not customer property.

Where there is tangible customer material or equipment that costs, and where that is customer intellectual material that is shared with you for your processing purpose, you consider them as customer property and treat them as said in 7.5.4

Also read the threads down this page in Similar Discussion Threads, to get more information.
 
Last edited:
#3
hi! guys...first time posting and would like to start off something that is light issue and yet confusing with doubts.

(A) My company obtained customer personal details when they joined company's membership with card issued for something like getting product discounts, collecting points when they buy our products and using those points to redeems certain products. And we use those customer details to notify them through emails and text messaging on certain product promotions.

(B) Secondly, our company had a periodical event with unique way of marketing approach, they (customer) have an opportunities for their image to be taken together with our product and if selected, their image will be advertised in our product and branding advertisement.

You see, A & B doesn't incorporates directly into our product, or is it?
Under 7.5.4, if an org lost the customer properties, in this case, the A) customer personal infos, B) Customer photos/images, ....here's my confusion, are this consider customer property in the first place?
Yes, it is customer property and is subject to identification and protection. See the pesky little note in 7.5.4 that was added to the 2008 version.

"NOTE: Customer property can include intellectual property and personal data."
 

harry

Super Moderator
#4
............... You see, A & B doesn't incorporates directly into our product, or is it? ...................
It is incorporated into the 'service' part of your transaction with the customer.


................ Under 7.5.4, if an org lost the customer properties, in this case, the A) customer personal infos, B) Customer photos/images, ....here's my confusion, are this consider customer property in the first place?
In your kind of business, it is definitely considered 'customer property'. Are you not aware of the 'Personal Data Protection Act' in neighboring Singapore? Take note of it if you have business dealings there. Otherwise, you can learn some lessons from it.
 
E

errishuman

#5
Thank you, Big Jim and Somashekar. Appreciate it.

In my case, would it be okay if I stated in our QM to exclude this clause (7.5.4) as the so-called customer property that we kept does not affect how our are final end product going to change (except that, it is used for marketing tools to create brand awareness)? Apology if I sounded like repeating my question.

Thanks again.
 

somashekar

Staff member
Admin
#6
"NOTE: Customer property can include intellectual property and personal data."
Personal data can include but not shall include ...
That is the reason I suggested that customers are made aware of how their personal data will be used and if need be get a signoff from all customers.
If you have no other customer property that you manage as "customer property" within the purview of ISO9001, then I suggest you justify for non applicability.
 
#7
Thank you, Big Jim and Somashekar. Appreciate it.

In my case, would it be okay if I stated in our QM to exclude this clause (7.5.4) as the so-called customer property that we kept does not affect how our are final end product going to change (except that, it is used for marketing tools to create brand awareness)? Apology if I sounded like repeating my question.

Thanks again.
"The organization shall exercise care with customer property while it is under the organization's control or being used by the organization."

What you have described is both under your control and being used by your company. I don't see any wiggle room here. You cannot claim it as an exclusion.
 
G

glenn0004

#8
Hi errishuman - in a similar situation our company always (on each external audit) receives an observation or non-conformity relating to the protection of customer property. Every audit our external auditor highlights somthing that "Could be" customer property..even though just like you, we don't incorporate property provided by the customer into our products. With reference to the 9001 standard and other supporting documents the definition of what customer property is, is at best poor. The reference to personal data will in some countries refer to the Data Protection Act, which again is full of interpretation. Ensuring that you are compliant to this sort of legislation should be enough however, it's a poor understanding of this sort of legislation bey the external auditors that can cause an issue. It is the interpretation of what customer is by the auditors that for us is the problem. To this end, we have documented the extent of what customer property is deemed to be with respect to Personal Data, Intellectual Property, Physical Property and Propietry Information.
 
Thread starter Similar threads Forum Replies Date
G Who owns the PFMEA - The Customer or the Producer? FMEA and Control Plans 3
I Who owns your Competence, Awareness and Training process? ISO 9000, ISO 9001, and ISO 9004 Quality Management Systems Standards 11
pittmatj Sri Lanka - Agent/Distributor owns registration? Other Medical Device Regulations World-Wide 1
T ISO 9001 for a Holding Company which owns several Food Companies ISO 9000, ISO 9001, and ISO 9004 Quality Management Systems Standards 5
R Who owns the DHR (Device History Record) for the Medical Device? US Food and Drug Administration (FDA) 4
Q Who "owns" Sub-Processes? ISO 9000, ISO 9001, and ISO 9004 Quality Management Systems Standards 5
T Who owns Configuration Management Document Control Systems, Procedures, Forms and Templates 6
B Who 'owns' NCRs (Nonconformance Reports)? Nonconformance and Corrective Action 20
Q Who drinks water? Who owns the zebra? Coffee Break and Water Cooler Discussions 3
M APQP and its components - Who owns it? Engineering or QC? FMEA and Control Plans 13
A Who Owns the Root Cause of a Nonconformance? Problem Solving, Root Cause Fault and Failure Analysis 14
D Customer requirements on specific standards Various Other Specifications, Standards, and related Requirements 4
Crimpshrine13 Customer Scorecards - Missing Scorecard from one Customer IATF 16949 - Automotive Quality Systems Standard 27
B Customer Preference Testing Customer and Company Specific Requirements 2
T No Customer Response to an SCR Manufacturing and Related Processes 2
D Customer Specific Requirements / Customer Requirements for Indirect Customers IATF 16949 - Automotive Quality Systems Standard 10
H Customer Specific Change in a SaaS SAMD IEC 62304 - Medical Device Software Life Cycle Processes 1
B Put on escalation by customer? is there a requirement to notify registrar? IATF 16949 - Automotive Quality Systems Standard 6
P 7.5.10 Customer property - applies to leased/rented equipment? ISO 13485:2016 - Medical Device Quality Management Systems 10
M Customer Property - ISO 13485:2016 Clause 7.5.10 ISO 13485:2016 - Medical Device Quality Management Systems 9
R Cpk demands from automotive customer Capability, Accuracy and Stability - Processes, Machines, etc. 8
briteme4 Customer Requests FAI on Tooling Fixture AS9100, IAQG, NADCAP and Aerospace related Standards and Requirements 3
D Suggestions for Ishikawa for hyperdetailed customer - plastic molding automotive parts Nonconformance and Corrective Action 9
J WAIVED ON Q1 - We Don't have to comply with FORDS customer specific requirements IATF 16949 - Automotive Quality Systems Standard 3
A Customer Approval (Medical Devices) Document Control Systems, Procedures, Forms and Templates 4
M Reduce occurrence rating based on the PMS data and customer complaint data ISO 14971 - Medical Device Risk Management 2
M IATF16949 Clause 9.1.2.1e - Customer notification related IATF 16949 - Automotive Quality Systems Standard 4
G Too many customer complaints Customer Complaints 16
lanley liao Does the customer`s trademark belong to customer-supplied property? Oil and Gas Industry Standards and Regulations 2
J Customer Complaint & SCAR, false data Nonconformance and Corrective Action 14
S Annual Inspection Layout - Based on Customer print ? IATF 16949 - Automotive Quality Systems Standard 8
G Risk of stopping your customer's line IATF 16949 - Automotive Quality Systems Standard 4
S Calibration/Verification of customer fixtures IATF 16949 - Automotive Quality Systems Standard 6
D CB and customer audits considered as internal audits? General Auditing Discussions 9
O Informational Ford Motor Company Customer Specific Requirements for IATF 16949:2016 - 08 Jan 2021 Customer and Company Specific Requirements 0
G Bad Parts cause Customer line stop IATF 16949 - Automotive Quality Systems Standard 13
O IATF 16949 News Ford Motors Customer Specific Requirements Update - Nov 2020 IATF 16949 - Automotive Quality Systems Standard 5
D Question regarding customer feedback process ISO 13485:2016 - Medical Device Quality Management Systems 3
D Change Approval Requirements - Does every change need formal customer approval? Design and Development of Products and Processes 17
B Retention Samples when Customer Leaves Pharmaceuticals (21 CFR Part 210, 21 CFR Part 211 and related Regulations) 1
M Email Template that go to a customer and then get returned to us for RMA/Warranty Document Control Systems, Procedures, Forms and Templates 1
B FCA US Customer Specific IATF 16949- Critical Characteristics 8.6.2 Customer and Company Specific Requirements 1
D ISO 13485 8.2.1 and 8.2.2 - Customer Feedback and Customer Complaints ISO 13485:2016 - Medical Device Quality Management Systems 5
J Customer Complaint Response 21 CFR Part 820 - US FDA Quality System Regulations (QSR) 3
V Quality review Meeting with Customer for complaints we received Customer Complaints 6
D IATF16949 - Interpretation of Customer Requirements clauses IATF 16949 - Automotive Quality Systems Standard 3
S Obligation to accept customer audits? IATF 16949 - Automotive Quality Systems Standard 23
D IATF16949 7.5.3.2.1 Record Retention - Our Product or Customer Product? Elsmar Cove Forum Suggestions, Complaints, Problems and Bug Reports 1
S Customer Specific Requirements (CSR) not signed/approved IATF 16949 - Automotive Quality Systems Standard 17
B FCA US IATF 16949 Customer Requirements updates Customer and Company Specific Requirements 3

Similar threads

Top Bottom