Address: 304 S. Jones Blvd #3671, Las Vegas, NV 89107
Contact: 1-833-527-3848
Effective Date: [Effective Date]
Version: [Version Number]
1. INTRODUCTION
BIMeta Corporation ("BIMeta" or the "Company") is committed to the protection of personal data processed within its global operations. These Binding Corporate Rules (BCRs) are legally binding data protection standards that BIMeta adopts to regulate the processing of personal data across its subsidiaries, affiliates, and external partners in compliance with the General Data Protection Regulation (GDPR), other applicable data protection laws, and recognized international standards.
These BCRs have been approved by senior management and apply to all employees, contractors, vendors, and third-party entities within the BIMeta Group. The implementation of these BCRs ensures that the transfer of personal data to and from BIMeta entities, including those located outside the European Economic Area (EEA), complies with the legal obligations set forth by the GDPR and similar regulations worldwide.
2. SCOPE
The BCRs apply to:
- All BIMeta Group entities and affiliates, including those located outside the EEA.
- Personal data processed in the context of business operations, including data relating to employees, customers, partners, suppliers, and third parties.
- Processing activities where BIMeta acts as either a data controller (where BIMeta determines the purpose and means of processing) or a data processor (where BIMeta processes data on behalf of a third party).
- Third-party sub-processors and vendors who may have access to personal data on behalf of BIMeta.
These BCRs apply regardless of the geographic location of the data subject, ensuring consistent data protection throughout BIMeta's global operations.
3. PURPOSE
The objectives of these BCRs are to:
- Ensure that personal data transferred across BIMeta entities or to third parties is subject to appropriate safeguards and protections.
- Facilitate the lawful transfer of personal data from the EEA to non-EEA countries, particularly where adequacy decisions or other approved transfer mechanisms do not exist.
- Provide data subjects with enforceable rights and transparency about how BIMeta processes their personal data.
- Demonstrate BIMeta’s commitment to compliance with applicable data protection laws, including the GDPR, and to cooperate with supervisory authorities.
4. DATA PROTECTION PRINCIPLES
The following principles govern all personal data processing activities within BIMeta:
4.1. Lawfulness, Fairness, and Transparency
- Personal data must be processed lawfully, fairly, and in a transparent manner.
- BIMeta will ensure that data subjects are informed about the identity of the data controller, the purposes for processing their data, the legal basis for processing, the recipients of the data, and their rights. Privacy notices must be provided when data is collected, specifying the lawful basis under GDPR Article 6 or 9 for processing.
4.2. Purpose Limitation
- Data will only be collected for specified, legitimate purposes and will not be processed for any further purposes incompatible with the original reason for collection.
- Data controllers within BIMeta are responsible for defining the specific purposes for which personal data is collected, ensuring that it is processed consistently with those purposes.
4.3. Data Minimization
- Only data that is necessary and relevant for the purposes of processing will be collected and retained.
- BIMeta will ensure that employees and third parties do not collect excessive or irrelevant data in the course of processing operations.
4.4. Accuracy
- BIMeta will take all reasonable steps to ensure that personal data is accurate, complete, and kept up to date, particularly where the data is used to make decisions affecting the data subject.
- Inaccurate data will be corrected or deleted without undue delay.
4.5. Storage Limitation
- Personal data will be retained only for as long as necessary to fulfill the purposes for which it was collected or to meet legal or regulatory obligations.
- BIMeta will establish retention schedules for different categories of personal data, ensuring compliance with legal, regulatory, and business requirements.
4.6. Integrity and Confidentiality
- Personal data must be processed in a manner that ensures its security, including protection against unauthorized or unlawful processing, accidental loss, destruction, or damage.
- Appropriate technical and organizational measures, such as encryption, access control, and regular security testing, will be implemented to safeguard personal data.
4.7. Accountability
- BIMeta is responsible for demonstrating compliance with these principles.
- Data protection impact assessments (DPIAs) will be conducted where processing activities are likely to result in a high risk to individuals' rights and freedoms, particularly for new or high-risk processing activities.
5. RIGHTS OF DATA SUBJECTS
BIMeta recognizes the rights of individuals under GDPR and other applicable laws. These rights include:
5.1. Right to Access
- Data subjects have the right to obtain confirmation as to whether or not their personal data is being processed, access to the data itself, and other supplementary information regarding its processing.
5.2. Right to Rectification
- Data subjects have the right to request the correction of any inaccurate or incomplete personal data that BIMeta holds about them.
5.3. Right to Erasure (Right to be Forgotten)
- Under specific circumstances (such as where the data is no longer necessary for the purposes for which it was collected), data subjects may request the deletion of their personal data.
5.4. Right to Restriction of Processing
- Data subjects may request that BIMeta restricts the processing of their personal data in situations such as where the accuracy of the data is contested or the processing is unlawful.
5.5. Right to Data Portability
- Data subjects can request that their personal data is provided in a structured, commonly used, and machine-readable format and transmitted to another data controller, where technically feasible.
5.6. Right to Object
- Data subjects may object to the processing of their personal data where processing is based on legitimate interests, or for direct marketing purposes. BIMeta must stop processing the data unless it can demonstrate compelling legitimate grounds to continue.
5.7. Right to Withdraw Consent
- Where processing is based on consent, the data subject has the right to withdraw consent at any time. BIMeta will honor such withdrawals promptly.
6. INTERNATIONAL DATA TRANSFERS
To ensure adequate protection of personal data transferred outside the EEA, the following measures apply:
6.1. Data Transfers within BIMeta Group
- All cross-border data transfers within the BIMeta Group, including transfers from the EEA to non-EEA entities, must be covered by these BCRs or other approved transfer mechanisms such as Standard Contractual Clauses (SCCs) or adequacy decisions.
6.2. Data Transfers to Third Parties
- Where data is transferred to external third parties, including vendors and sub-processors, BIMeta must ensure that appropriate safeguards are in place. This includes executing Data Processing Agreements (DPAs) that contain binding commitments to adhere to GDPR principles and SCCs, where necessary.
6.3. Adequacy Decisions
- Transfers to countries with an adequacy decision by the European Commission will be allowed without further authorization. Such transfers are deemed to provide adequate levels of protection equivalent to GDPR.
6.4. Transfer Impact Assessments
- Before transferring data to a non-EEA country that lacks an adequacy decision, BIMeta will conduct transfer impact assessments to determine the risks to personal data in the recipient country and implement supplementary measures where needed.
7. SECURITY MEASURES
BIMeta has established comprehensive technical and organizational measures to protect personal data, including:
- Encryption: Use of strong encryption standards for data at rest and in transit, especially for sensitive personal data.
- Access Control: Implementation of role-based access controls to ensure that only authorized personnel have access to personal data.
- Incident Response: BIMeta maintains a comprehensive data breach response plan. In the event of a breach, BIMeta will notify the relevant supervisory authorities and affected data subjects within 72 hours.
- Audit and Monitoring: Regular internal audits will be conducted to assess the adequacy of security measures, with findings reported to senior management.
8. GOVERNANCE AND ACCOUNTABILITY
8.1. Data Protection Officer (DPO)
BIMeta has appointed a Data Protection Officer (DPO) to oversee compliance with these BCRs and data protection regulations. The DPO will monitor internal processing activities, conduct data protection training, and serve as the point of contact for data subjects and supervisory authorities.
DPO Contact Details:
- Email: [DPO Email Address]
- Phone: [DPO Phone Number]
8.2. Privacy Governance Committee
A Privacy Governance Committee composed of senior management, legal counsel, and IT security specialists will be responsible for reviewing data protection risks, implementing corrective actions, and ensuring ongoing compliance with data protection laws.
9. TRAINING AND AWARENESS
BIMeta will provide mandatory data protection training to all employees, contractors, and any personnel handling personal data. Training will be updated regularly to reflect changes in data protection regulations and corporate policies.
10. AUDIT AND MONITORING
BIMeta will implement a regular audit program to assess compliance with these BCRs, GDPR, and other applicable data protection regulations. Audits will be conducted by internal or external auditors and may include inspections of processing facilities, review of data processing agreements, and assessment of sub-processor compliance.
11. COMPLAINT HANDLING
Data subjects can submit complaints regarding BIMeta’s handling of personal data to the Data Protection Officer (DPO). BIMeta will investigate and resolve complaints promptly, typically within 30 days. If unsatisfied with the resolution, data subjects may escalate the matter to the relevant supervisory authority.
12. THIRD-PARTY BENEFICIARY RIGHTS
Data subjects whose personal data is processed by BIMeta have the right to enforce their rights under these BCRs as third-party beneficiaries. Data subjects may seek judicial remedies in cases of non-compliance with these rules, and BIMeta will be liable for any damages arising from such non-compliance.
13. LIABILITY AND REMEDIES
BIMeta Corporation accepts full liability for breaches of these BCRs, including any breaches by its affiliates or sub-processors. In the event of a violation, BIMeta will provide remedies to affected data subjects, including compensation for material and non-material damages caused by the breach.
14. GOVERNING LAW AND JURISDICTION
These BCRs are governed by the laws of Nevada, USA. Any disputes arising from or related to the processing of personal data under these BCRs will be subject to the exclusive jurisdiction of the courts of Nevada.
15. CHANGES TO THE BCRs
BIMeta Corporation reserves the right to modify these BCRs to reflect changes in law, corporate structure, or data processing activities. All material changes will be communicated to the relevant supervisory authorities and made available to data subjects.
16. SIGNATURES
BIMeta Corporation
Name: Kevin J. Bruno
Title: CEO & Founder
Date: 09/27/2024