1) Responsible party and rights of the concerned person
1.2 Responsible for the collection, processing and use of your personal data is Biogena USA Inc. (hereinafter: Biogena). Biogena is contactable for you as the controller under the following contact data:
Biogena USA Inc., 8383 Wilshire Blvd #800, Berverly Hills, CA 90211 email: firstname.lastname@example.org
1.3 You can receive information about your data stored by us at any time free of charge, as well as your right to correction, deletion, restriction of the processing of your data or your right to data transferability. For this purpose, please refer to the contact data mentioned above.
1.4 If you wish to object to the collection, processing or use of your data by Biogena in accordance with these data protection regulations as a whole or for individual measures, you can also address your objection by e-mail, fax or letter to the contact data mentioned above.
1.5 You also have the right of appeal to a supervisory authority if you believe that the processing of personal data concerning you is unlawful. You may exercise this right before a supervisory authority in the Member State where you are living, working or at the place of the alleged infringement.
2) Basic Information about handling personally identifiable information (PII)
2.1 You may visit our website without your having to release any PII. For each access to our website usage data will be transmitted by the respective internet browser and are stored in log files, the so-called server log files such as date and time of the call, name of the accessed page, data volume transferred and the name of the inquiring provider. Those data cannot be attributed to a particular person and are exclusively intended to ensure a smooth operation of our website and to improve our offer.
2.2 PII is only collected if you voluntarily disclose such data to us for the purpose of concluding a contract or opening a customer account. It is evident from the respective input form which data are collected. Closing your customer account shall be possible at any time and may be effected through a message to the contact address described below. We store and use the data you disclose to us for the purpose of contract processing. Upon complete fulfilment of the contract or closing of your customer account, your data will be blocked with care for tax and commercial retention periods and will be deleted after final processing of your inquiry, if you so desire, provided that legal retention periods will not be barred by a deletion.
2.3 We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat, open a Support Ticket or enter information on our site. Those data will be stored and processed exclusively for the purpose of responding to your order or your enquiry or of getting in contact with you and for the connected technical administration.
2.4 When you visit our website, log data that does not allow us to draw any conclusions about your person are automatically logged and temporarily stored. This data includes e.g. browser type and version, referrer URL, abbreviated IP address, provider name and operating system used. All log data is evaluated anonymously exclusively for statistical purposes, to improve our offer, to facilitate troubleshooting and to prevent attacks on our web shop by us or the service provider commissioned by us.
2.5 Your data will not be passed on to third parties unless Biogena is entitled or obliged to pass them on for legal reasons. Excluded from this is the necessary transfer of data by Biogena to service providers commissioned with the organizational or technical processing of the order or the execution of goods deliveries, e.g. banks, post office or parcel services, as far as this is necessary for the delivery of the goods. The data passed on in this way may only be used by our service providers to fulfil their task. Any other use of the information is not permitted and will not be made by any of the service providers entrusted by us.
3) How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested
- To improve our website in order to better serve you
- To allow us to better service you in responding to your customer service requests.
- To administer a contest, promotion, survey or other site feature.
- To quickly process your transactions
- To ask for ratings and reviews of services or products
- To follow up with them after correspondence (live chat, email or phone inquiries)
4) How do we protect your information?
4.1 Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning.
4.2 Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.
In order to make our website user-friendly (web analysis) and to enable the use of certain functions, such as our web shop or our product watch list, we use so-called cookies in some areas.
Cookies are small datafiles which are stored locally on your data carrier and which store certain settings and information for exchange with our system via your browser.
Most of the cookies we use are session cookies and are deleted from your hard drive after you close your browser. The long-term cookies we use remain stored on your hard drive for 30 days and are deleted afterwards. When you return for another visit, it will automatically recognize that you have already visited our website and which entries and settings you prefer.
By using our website, you declare that you expressly wish to use our web service and that you agree to the use of these cookies if cookies are accepted according to your browser settings. Most browsers are set by default to accept all cookies. However, you have the possibility to change the settings of your browser to ensure that cookies are displayed before they are saved, only certain cookies are accepted/rejected or to generally reject/delete all cookies.
We would like to point out that changes to settings only affect the current browser. If you use different browsers or change the (mobile) device, you have to change your settings again. Furthermore, cookies can be deleted any time. Please refer to the help function of your web browser for information on cookie settings, how to change them and how to delete cookies.
6) Third-party disclosure and transfer of data
6.1 We do not sell, trade, or otherwise transfer to outside parties your PII, unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.
6.2 For the purpose of contract fulfillment, PII collected by us are transferred to the transport company commissioned with the delivery, provided this is required for delivering the goods. For the processing of payments we pass on your payment data to the authorized banking institution.
6.3 However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
6.4 When choosing the payment method PayPal, we transmit your accounting data to PayPal 2211 North First Street, San Jose, California 95131 (hereinafter referred to as “PayPal”) within the framework of payment processing.
7) Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
8) Google Analytics and Google Adwords
This website uses Google Analytics, a web analysis service of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Google). The use includes the Universal Analytics mode. Google Analytics uses so-called cookies.
9) Digital analysis tools
With your consent, our website uses the analytics tool Hotjar. This allows us to track the actions of users on our website after they have accepted through the cookie banner. This enables us to constantly improve and develop our customer journey. The data collected remains anonymous. This means that we cannot look into the personal data of individual users. However, the collected data is stored and processed by Hotjar. We will inform you about this matter according to our current information.Only users over the age of 16 may give their permission. If you are under 16, please contact your legal guardian.
For the possibility of deactivating cookies on our website, see point 4. Hotjar itself stores the IP address of the user anonymously. To do this, it only collects the first 3 eight-bit characters of the IP in order to be able to determine the visitor's country. Hotjar does not store the remaining characters. In addition, Hotjar claims to store all the data obtained on servers in Ireland. This means that the data is located in the EU, so that website operators can comply with the requirements of the General Data Protection Regulation (GDPR).
10) Facebook Pixel / Remarketing / Retargeting
With your permission, our website uses the Conversion Tracking Pixel Service of Facebook, Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). This allows us to track the activities of users after they have been redirected to a provider website by clicking on a Facebook advertisement. This enables us to track the performance of Facebook ads for statistical and market research purposes.
The collected data remains anonymous. In other words, we cannot access the personal data of individual users. However, the data collected is stored and processed by Facebook. We will inform you about this matter, according to our current information. Facebook may link this data to the information on your Facebook account and uses them for its own advertising purposes, in accordance with the Facebook data guidelines https://www.facebook.com/about/privacy/. Facebook Conversion Tracking also allows Facebook and its partners to show you ads inside and outside Facebook. In addition, a cookie is stored on your computer for this purpose.
11) Social Media Plugins
Our website uses social plugins ("plugins") of the social network facebook.com, which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are marked with a Facebook logo or the addition "Facebook Social Plugin". When you visit a website that contains such a plugin, your browser establishes a direct connection to the Facebook servers the content of the plugin is transmitted directly from Facebook to your browser and integrated into the website.
By using the plugins, Facebook receives the information that you have accessed the respective page of our website. If you are logged in to Facebook, Facebook can assign your visit to your Facebook account. If you interact with the plugins, for example by clicking the "I like" button or by posting a comment, the appropriate information is transmitted directly from your browser to Facebook and stored there.
For the purpose and scope of data collection and the further processing and use of the data by Facebook and your rights and setting options for the protection of your privacy, please refer to the data protection information on Facebook https://www.facebook.com/about/privacy/.
If you do not want Facebook to collect data about you via our website, you have to log out of Facebook before visiting our website.
12) Use of MyFonts
The design of our website also uses external fonts provided by MyFonts Inc, 600 Unicorn Park Drive, Woburn, MA 01801, USA (hereinafter: MyFonts). These fonts are integrated by a server call to MyFonts. When you visit our website, at least your IP address is transferred to a MyFonts server in order to transfer the font files to your browser. In addition, further information (e.g. name of the website accessed, date and time of the request, type of web browser used) may be transmitted to MyFonts. To prevent the execution of Java script codes from MyFonts, you can deactivate Java script in your browser or install a Java script blocker (e.g. http://www.noscript.net or http://ghostery.com). Further information on data protection at MyFonts can be found under the following link: https://www.myfonts.com/info/legal/#Privacy.
13) We comply with the California Online Privacy Protection Act (CalOPPA)
13.4 However, We do not honor Do Not Track signals and Do Not Track, plant cookies when a Do Not Track (DNT) browser mechanism is in place.
13.5 It's also important to note that we allow third-party behavioral tracking
14) Fair Information Practices
14.1 In order to be in line with Fair Information Practices we will take the following responsive action: Should a data breach occur we will notify you via email within 7 business days
14.2 We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
15) We comply with the CAN SPAM Act
15.1 The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
15.2 We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions
- Process orders and to send information and updates pertaining to orders.
- Send you additional information related to your product and/or service
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
15.3 To be in accordance with CANSPAM, we agree to the following:
- Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
16) Information on Customer Rights and Contacts
You are entitled to obtain information on your saved data free of charge and on how to correct, block or delete this data where applicable. Please contact us with any further inquiries about the collection, processing or use of your personal data. The same shall apply for obtaining information, your requests to block, delete or correct your personal data as well as for withdrawals of granted consents. You can find our contact address in our legal notice.
17) Terms and conditions social media competitions
Social media competitions (especially on Facebook) are organised by Biogena USA Inc., 919 North Market Street, 28409 Wilmington, North Carolina, USA (hereinafter: "Biogena"). Participation in competitions is only possible under the conditions listed here. By participating, the participant expressly accepts these conditions of participation:
- Contests have no connection with Facebook and are in no way sponsored, supported or organized by Facebook. The recipient of the information provided by the participant is not Facebook, but Biogena as operator of the official Biogena Facebook page and organizer of the competition. The information provided will only be used for the competition.
- The start and end dates (implementation period) of the competition can be found in the respective competition post.
- The prizes which can be won are those defined in the competition post, an exchange, a cash payment as well as legal recourse are excluded. Winnings are usually sent by post.
- The voluntary participation in the competition is done through a comment (picture or text) and/or like on our Facebook post regarding a competition. Multiple comments from the same user will be counted as a single participation.
- participants are persons residing in USA who are at least 18 years old and a fan of the official Biogena page on Facebook. You become such a fan by pressing the Like button on the official Biogena Facebook page. Employees, authorized representatives, legal successors and representatives of Biogena, involved agencies and their relatives are not entitled to participate.
- The drawing of the prize will take place after the end of the implementation period under exclusion of the public and guarantee of the random principle. The participation in the draw requires a comment or like.
- The winner will be informed via the Facebook comment function of the Facebook post on Facebook or via Facebook Messenger. The winner must report his contact and address data to the official Biogena Facebook page or by e-mail to email@example.com within 5 working days (after notification of the winner). If a winner does not confirm acceptance of the prize during this period, his or her claim to the prize will lapse without compensation. A substitute winner will then be determined according to the same procedure. There is no obligation to accept the prize.
- Comments that violate the Facebook guidelines, Austrian law, our netiquette and/or the copyright will be removed without notice. The participant is thus excluded from the draw.
- The organizer reserves the right to cancel or end the competition at any time without prior notice and without giving reasons. Legal recourse is excluded.