Welcome to BIMeta! The following privacy policy provides a simple overview of what happens to your personal data when you visit our website at www.bimeta.net. This policy is intended to inform the users of our website about the nature, scope, and purpose of the collection and use of personal data by us in accordance with Nevada Privacy Law (“NRS 603A”) and the General Data Protection Regulation (“GDPR”).
WHO IS THE DATA CONTROLLER?
A “data controller” is a person or organization who alone or jointly determines the purposes for which, and the manner in which any personal data is, or is likely to be, processed. In this sense, BIMeta Corporation of 304 S. Jones Blvd. #3671, Las Vegas, NV 8910, USA (“BIMeta”, “we”, “us”, “our”) is the data controller. If you have any questions about data protection at BIMeta in general, you can reach us using [email protected].
WHAT IS PERSONAL DATA?
Personal data is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute Personal Data.
WHAT IS SPECIAL CATEGORY DATA?
Special category data is Personal Data that needs more protection because it is sensitive. This includes Personal Data that, among others, concerns your health. In order to lawfully process Special Category Data, it is necessary to consent to the processing.
WHAT ARE THE LEGAL BASES FOR PROCESSING YOUR DATA?
The following informs you about the legal basis of us processing your data and unless the legal basis is not specifically mentioned, the following applies:
Consent: This is where we have asked you to provide explicit permission to process your data for a particular purpose.
Contract: This is where we process your information to fulfill a contractual arrangement we have made with you.
Legitimate Interests: This is where we rely on our interests as a reason for processing; generally, this is to provide you with the best services in the most secure and appropriate way. Of course, before relying on any of those legitimate interests, we balance them against your interests and make sure they are compelling enough and will not cause any unwarranted harm.
Legal Obligation: This is where we have a statutory or other legal obligation to process the information, such as for the investigation of crime.
Explicit Consent: In order to lawfully process special category data, we must identify both a lawful basis and a separate condition for processing, which typically is explicit consent.
WHAT PERSONAL DATA DO WE COLLECT FROM YOU?
We may collect and process the following Personal Data about you:
a) Personal Data that you give us:
This is information about you that you give to us. It may include, for example, your name, email address, and phone number when you contact us. The legal basis is the initiation of a contract with you and your consent.
We also process the Personal Data when you contract with us in order to be able to provide our contractual services. This includes, in particular, our support, correspondence with you, invoicing, and fulfillment of our contractual, accounting, and tax obligations. Accordingly, the data is processed on the basis of fulfilling our contractual obligations and our legal obligations.
If you are using our social and business network platform and auxiliary services (“Services”), we process the data involved in your use of our Services, such as the data you provide (“Service Data"), in order to be able to provide you access to and use of our Services. For this purpose, all Service Data processed by us will be processed on your behalf, and we become your Data Processor. Doing so we provide you complete control of your Service Data by providing you the ability to (i) access your Service Data, (ii) share your Service Data through supported third-party integrations, and (iii) request export or deletion of your Service Data and take appropriate legal precautions and corresponding technical and organizational measures to ensure the protection of your Service Data. For further information, please refer to our SaaS Privacy Policy and Data Processing Addendum, both of which can be found here.
If you apply for a role or job, we process the information we receive from you as part of the application process. Your data will initially be processed using the Zoho Recruit Service from Zoho solely for the application process, and if your application is successful, it will become part of your personnel file. As a rule, we do not require any Special Category Data for the application process. The legal basis for processing data during the application process is the initiation of a contract and, if you have given your consent, for example, by sending us information that is not necessary for the application process, it is consent.
If you make a purchase, your payment data will be processed via our payment service providers Stripe or PayPal. Payment data will solely be processed through the by you selected payment service provider and we have no access to any payment data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.
b) Personal Data that our website collects about you:
If you visit our website, it will automatically collect some information about you and your visit, including the Internet protocol (IP) address used to connect your device to the Internet and some other information, such as the pages on our site that you visit. This is used to monitor the performance of the website and improve the experience of visitors to the website. The legal basis is the initiation of a contract with you and our legitimate interest.
c) Cookies:
We use cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. As set out in NRS 603A and the EU`s Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of non-essential cookies. The legal basis for the use of cookies are our legitimate interest and your consent. For further information on the cookies we use, please refer to our Cookie Policy.
d) Analytics:
For business reasons, we analyze the data we have on web and server traffic patterns, website interactions, browsing behavior, etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and/or anonymised values (“Aggregated Data”). Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy. For this purpose we use Google Analytics from Google. The legal basis is our legitimate interest and your consent. For further information on our use of Google Analytics, please refer to our Cookie Policy.
e) Processing through third-party services:
We use third-party services to provide certain functions and features on our website. While most operate in the background without impact on your Personal Data, some third-party providers will learn your IP address as without your IP address the functions and features used by us can not be displayed in your browser. The following provides an overview of third-party providers and their content, together with links to their privacy policies, which contain further information on the processing of data and so-called opt-out measures, if any: a) Hosting: UltaHost; b) Content Management System (CMS): WordPress.org (open source); c) Fonts: Google Fonts by Google and Font Awesome of Fonticons Inc; d) Analytics: Google Analytics from Google; e) Spam Protection: Google reCaptcha from Google; f) Video: YouTube by Google; and g) Usage Statistics: Zoho PageSense by Zoho.
CHANGE OF PURPOSE
We will only use your Personal Data for the purposes for which we collected it as detailed above, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
STORAGE AND RETENTION
Your personal data will remain with us until the purpose for processing the data no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g., retention periods under tax or commercial law); in the latter case, the data will be deleted once these reasons no longer apply.
WHEN DO WE DISCLOSE YOUR PERSONAL DATA?
We may share your information with organizations that help us provide the services described in this policy and who may process such data on our behalf and in accordance with this policy, to support our website and our services. If you wish to learn more about how the relevant provider processes your personal data, please follow the links embedded in the above mentioned provider's name.
Typically and unless otherwise stated in this policy, data may be shared on the basis of our contractual and pre-contractual obligations. Equally, if you have consented to it, or where we have a legal obligation to do so or on the basis of our legitimate interests (e.g., when using agents, hosting providers, tax, business and legal advisor's, accounting, and similar services that allow us to perform our contractual obligations, administrative tasks, and duties efficiently and effectively). If we commission third parties to process data on the basis of a so-called "processing agreement".
We may also disclose information in other circumstances, such as when you agree to it or if the law, a court order, a legal obligation, or a regulatory authority asks us to. If the purpose is the prevention of fraud or crime or if it is necessary to protect and defend our rights, property, or personal safety of our staff, the website and its users.
MARKETING
Insofar as you have given us your consent to process your Personal Data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to. Our marketing generally takes the form of email but may also include other less traditional or emerging channels. These forms of contact will be managed by us or by our contracted service providers. Every directly addressed marketing sent by us or on our behalf will include a means by which you may unsubscribe or opt out.
HOW WE SECURE YOUR PERSONAL DATA
Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as login data or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through our website.
DATA BREACHES AND NOTIFICATION
Databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised, and the notice will be accompanied by a description of the action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.
YOUR RIGHTS AND PRIVILEGES
a) Privacy rights
You can exercise the following rights:
● The right to access;
● The right to rectification;
● The right to erasure;
● The right to restrict processing;
● The right to object to processing;
● The right to data portability;
b) Updating your information and withdrawing your consent
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to legitimate interest processing, please do so by contacting us.
c) Access Request
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
d) Complaint to a supervisory authority
If you believe that the processing of your Personal Data is not lawful, you can lodge a complaint with a data protection supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach any supervisory authority.
● We do not request Personal Data from minors and children;
● We do not process special category data without obtaining prior specific consent; and
● We do not use automated decision-making, including profiling.
USA SPECIFIC PROVISIONS
The following applies to users located elsewhere in the United States. While we understand and appreciate that privacy and consumer data protection laws differ as they are subject to each state's legislature and that no data protection framework similar to the GDPR exists on a federal level, we are committed to follow and apply the for your state relevant privacy rules and regulations.
As of the day of drafting, the following states had enacted privacy and consumer data protection laws: California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia. Under consideration of the similarities of the above provisions, no conflict should arise pursuing a uniform approach in granting all users in the USA the same rights and privileges as set out above. However, should ambiguity occur the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.
Further, the following also apply
i) “Shine the Light”
“Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Data to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Data using the contact details provided.
ii) COPPA (Children Online Privacy Protection Act)
When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.
iii) CAN SPAM Act
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. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.
iv) Telephone Consumer Protection Act (TCPA)
If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalized direct advertising per SMS.
v) Controls For Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.
vi) Right to complain
Finally, and in regard to the right to complain to a supervisory authority. You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. Users based in the above mentioned States may lodge a complaint with the relevant district attorney or attorney general office. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.
CANADA AND MEXICO SPECIFIC PROVISIONS
Both Canada and Mexico have introduced data protection laws that are similar to the GDPR, namely Federal Law for the Protection of Personal Data in the Possession of Private Parties (“LFPDPPP”) supplemented by the Rules of the Federal Law for the Protection of Personal Data in the Possession of Private Parties in Mexico and the Personal Information Protection and Electronic Documents Act (“PIPEDA”) in Canada. Under consideration that the GDPR has played a pivotal role, no conflict should arise pursuing a uniform approach in granting all users in Mexico or Canada the same rights and privileges as set out above. However, should ambiguity occur, the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your personal data.
In terms of your right to complain, Canada’s national supervisory authority is the Office of the Privacy Commissioner (www.priv.gc.ca) and the National Institute of Transparency, Access to Information and Personal Data Protection (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales) (“INAI”) is the national supervisory authority in Mexico (www.ifai.org.mx).
HELP AND COMPLAINTS
If you have any questions about this policy or the information we hold about you, please contact us by email using [email protected].
CHANGES
The first version of this policy was issued on Wednesday, October 9th, 2024, and is the current version. Any prior versions are invalid, and if we make changes to this policy, we will revise the effective date.