Welcome to BIMeta! The following privacy policy provides a simple overview of what happens to your personal data when you visit and use our social and business network platform and auxiliary services (“Services”) located at https://chat.bimeta.net/. This policy is intended to inform the users of our Services 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 create an account in order to be able to provide you access to our Services. The Data you submit typically includes your name, email address, phone number, password and your job category. We also use a one time password (OTP) Authentication system which is a protocol that generates encrypted security tokens and enables users to verify their identity and then generates a unique encrypted authentication token that is sent via SMS to your Phone. The legal basis is the initiation of a contract with you and your consent.
We may collect and process information about your location (coarse location) and the time the location information is recorded to provide the services with location-based information and features. Some of these services require your Personal Data for the feature to work and we may associate location data with your device ID and other information we hold about you.
Alternatively, you are able to sign up using the convenience login and sign up from Google, Facebook and X (formerly Twitter). For convenience login and sign up, you will be asked to provide your basic information (i.e., name, email address, and display picture) linked to your account. When registering via convenience functions, you agree to the relevant terms and conditions and consent to certain data from your Google/Facebook/X profile being transferred to us.
As a registered user, you have the opportunity to create a user profile with just a few clicks and details and the relevant profile data you provide will be posted on your profile. Of course, you can change or remove the information or delete your profile, at any time via the settings in your profile. You have choices about the information on your profile. Please do not post or add Personal Data to your profile that you would not want to be available. The legal basis for the processing of your Personal Data is the establishment and implementation of the user contract for the use of our Services.
If you wish to use our platform and its features, we process the Personal Data and Content you voluntarily provide for the purpose of providing your platform. Depending on how you use our platform, you may provide Content and upload Personal Data such as text, images and video etc.
While we need certain Personal Data to allow you to participate on our platform your Personal Data is never shared without a lawful reason. However, Content uploaded by will be made available and may be viewed and otherwise accessed by others. In turn we may process:
Content Data includes photos, videos, text messages, video calls, or other digital content you create, broadcast, perform, or upload on our platform and information about the content you create, broadcast, perform, or upload, including metadata that is provided with that content. Please remember that Content Data that you transmit may reveal personal data about yourself as well, including identifying information about yourself depicted in any photos or videos.
Personal Data you provide may be considered “special” or “sensitive”. This includes Personal Data concerning for example your racial or ethnic origins, sexual orientation, sexual preferences and gender. By choosing to provide this data, you consent to our processing of that data. You have choices about the data you provide and how you share it. You don’t have to provide Personal Data or Special Category Data. It’s your choice whether to include Personal Data or Special Category Data and to make that information available to us. Please do not share information that you would not want to be available. The legal basis for the processing of your Personal Data and Special Category Data is the establishment and implementation of the user contract for the use of the service as well as your consent.
In providing our platform and publishing your content including video, images, chats we may process images and facial-related information from our Users. Images and facial-related information are used and processed solely for the purpose explicitly consented to and we do not collect, use, or store any images and facial-related information for the purpose of recognising faces outside of this purpose. The legal basis is your consent.
Of course, we also process your chats and communications with other users as well as the content you may provide to others through our platform as you interact with them.
The legal basis for providing the above is the fulfilment of the user contract for the use of the platform as well as your consent.
We also collect information about your activities on our platform, such as how you use them (e.g., the date and time you logged in, features you used, searches you performed, clicks and pages you were shown, content you clicked on) and how you interact with other users (e.g., users you connect and interact with, the time and date of your exchanges). The legal basis is the fulfilment of the user contract for the use of the platform as well as your consent.
Finally and if you are providing us with Personal Data relating to a third party, you agree a) that you have in place all necessary appropriate consents and b) that such third party has read this Privacy Policy. You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
If you are using our 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. In terms of third-party sub-processors are using the services of UltaHost for the storage of user data and Wasabi for the storage of user content. In both cases your data will be hosted in the for you nearest sever location for UltaHost: USA – California, Los Angeles, UK/EU – Frankfurt, Germany, Asia – Singapore; and for Wasabi:USA – Virginia / US-east-1, UK/EU – Frankfurt, Germany, Asia – Singapore. For further information, please refer to our SaaS Privacy Policy and Data Processing Addendum, both of which can be found here.
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 platform collects about you:
If you visit our platform, 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 platform and improve the experience of visitors to the platform. The legal basis is the initiation of a contract with you and our legitimate interest.
c) Customer Relationship Management System
For support, we may store the data related to our customers (for example, your name, e-mail address,telephone number) in our proprietary customer relationship management system (CRM). This data processing is based on our legitimate interest in providing our customer service.
d) Administration, financial accounting, office organisation, contact management
We process data in the context of administrative tasks as well as organisation of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
e) Promotional use of your data
We use your data within the legally permissible scope for marketing purposes In addition, we may draw your attention to news or special events. The legal basis for processing is our legitimate interest.
f) Support ticket
If you create a support ticket, we will request Personal Data and, where applicable, non-Personal Data in accordance with your request; this may include your name, email address and other order related data you voluntarily provide. If you submit a support ticket, we process the data for the purpose of processing and handling your ticket.
Our employees will also have access to data that you knowingly share with us for technical support or to import data into our services. We communicate our privacy and security guidelines to our employees and enforce privacy safeguards strictly. The legal basis of the data processing is our obligation to fulfill the contract and/or our legitimate interest in processing your support ticket.
g) Advertising
Advertisers and third parties also may collect information about your activity on our app, on devices associated with you, and on third-party sites and applications using tracking technologies. Tracking data collected by these advertisers and third parties is used to decide which ads you see both on our app and on third-party sites and applications. If you do not wish to participate in our advertising personalization or retargeting/tracking you can object to behavioral advertising at the following websites: Your Online Choices, Digital Advertising Alliance of Canada, Network Advertising Initiative, AdChoices and the European Interactive Digital Advertising Alliance (Europe only). In addition, you may also choose to control targeted advertising you receive within applications by using the settings and controls on your devices.
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 platform 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 platform and its users.
EMAIL 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.
SMS MARKETING
General and Opt-In
Insofar as you have given us your separate consent and your mobile number to process your data for marketing and advertising per SMS, we are entitled to send you marketing, promotional or informational messages.
A mobile user might opt-in by: i) Entering a phone number online, ii) Sending an Mobile Originating (MO) message containing an advertising keyword, iii) Filling out a paper form that includes their phone number, or iv) Signing up at a point-of-sale location.
All marketing and advertising per SMS will be managed by us, or by our contracted service providers. Every directly addressed marketing and advertising per SMS sent or made by us or on our behalf will include a means by which you may unsubscribe or opt out.
You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us.
Opt-Out and Support
You may opt-out at any time. If you wish to opt- out and stop receiving calls from us please tell us on the phone directly and if you no longer agree to receive mobile messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us.
You may continue to receive text messages for a short period while we process your request, and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out.
For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Terms.
SMS and other Mobile Messages
We may send marketing and advertising per SMS in various formats. Promotional messages advertise and promote our products and services and may include promotions, specials and other marketing offers.
Our marketing and advertising per SMS may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Our message frequency will vary but will not exceed 7 messages per Week (excluding appointment reminders).
We do not charge for mobile messages sent but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.
We will not disclose or otherwise distribute your phone number to third parties unless lawfully required to do so. We will never rent or sell your phone number to any third party, nor will we use your phone number to initiate a call or SMS message to you without your express or implied prior consent. Your wireless carrier and other service providers also collect data about your SMS usage, and their practices are governed by their own privacy policies.
Changes
We may also change the telephone number or short code we use and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
Telephone Consumer Protection Act (“TCPA”) and CAN-SPAM Act (“CAN SPAM”) compliance
To be in accordance with the TCPA and CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails and SMS, you can email or reply to us as described above, and we will promptly remove you from ALL correspondence.
HOW WE SECURE YOUR PERSONAL DATA
Our platform 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 platform.
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 platform 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.