Privacy policy

Underlying document is BIODAMI’s Privacy and Cookie Policy, which covers the online and offline processing of your Personal Data and the Cookies used on the BIOCURI BV owned Website under “BIODAMI”. This document applies to all activities of BIODAMI unless explicitly agreed or stated otherwise in writing. BIODAMI respects the privacy of its Customers and Visitors to the Website. BIODAMI practices care and accuracy when processing your Personal Data and processes the Personal Data in accordance with the General Data Protection Regulation (hereinafter GDPR). Below you will find more information about which Personal Data BIODAMI processes, on what basis and for what purpose. Furthermore you will learn how BIODAMI handles your Personal Data.

DEFINITIONS

1. Data Subject

An identified or identifiable natural person who is a Visitor to the Website or a Customer of BIODAMI.

1. Visitor

A registered or unregistered user of the Website.

1. Customer

The natural person or legal person who purchases a product or service from BIODAMI

1. Personal Data
   Any information about an identified or identifiable natural person.
2. Website
   The website of BIODAMI, <www.biodami.com> and any current and future website of BIODAMI.

PRIVACY

1. Controller

Controller and processor of Personal Data in relation to the Website and when selling goods and performing services is, unless stated otherwise in writing, BIOCURI BV, BE 0765956342, trading as BIODAMI . This also includes third parties hired by BIOCURI BV/BIODAMI.

1. Applicability

This Privacy and Cookie Policy applies to all personal data of natural persons (hereinafter Data Subjects) which BIODAMI processes regarding online or offline contact, in any applicable way. This also includes information collected through your visit to or purchase on the Website (hereinafter BIODAMI products). In the event that our Website contains a link to the website of third parties and you choose to visit this Website, we encourage you to read the Privacy Policy of that third party. BIODAMI is not responsible for the content of these Third Party Websites or the applicable Privacy Policy.

1. Personal Data
   Below you will find an overview of which Personal Data we may collect from you in which individual situation.
   
   Directly provided information
   If you buy products from BIODAMI, we always ask for the following information: first name, last name, postal and billing address, payment details, telephone number and e-mail address. If the recipient is not the same as the buyer, we ask for the address of the recipient's name, address, place of residence and telephone number.

If you contact us online or offline, we may collect your first name, last name, postal address, telephone number and email address.

Sensitive and criminal Personal Data
BIODAMI does not process sensitive nor criminal personal data and does not intend to provide Services, sell Products or collect data about persons under the age of 16, unless permission has been obtained from a parent or guardian. However, BIODAMI cannot check whether a Visitor has reached the age of 16 years and therefore advises parents to be involved in the (online) activities of their children in order to prevent processing Personal Data of children without parental permission. If you are convinced that BIODAMI has collected personal information about a minor without this permission, please contact hello@biodami.com and BIODAMI will delete this information.

Automatically collected information
When visiting the Website of or online communication with BIODAMI and its affiliates, various technologies may be used that automatically or passively collect information about your online activities. This information may be collected in the following manners:

Cookies
Technologies such as cookies, web beacons and mobile device identifiers are active on the BIODAMI website in order to collect information about the use of our Website. For more information, including the types of cookies on the BIODAMI Website and how to manage and adjust settings of cookies, please see the BIODAMI Cookie Policy.

Technical data
When you visit the Website, Personal Data may be collected. This includes information such as your Internet Protocol (IP) address, your login details, the type of your  (mobile) device, the operating system and browser type of your device, the settings for time zone and location, language, a unique identifier for your device, the address of a referring website, the path you take through our Website and other information about your session on our Website.

Information received from third parties
BIODAMI may collect Personal Data received from other companies and organizations, including social media. We may collect Personal Data which is publicly available. For example, we may collect data when you interact with us through social media. By collecting additional information, we are able to correct inaccurate information and provide you with appropriate advice.

Aggregated Information
Anonymized and aggregated information does not identify a specific person and therefore cannot be traced back to a person. BIODAMI uses such information for, among other things, insight into website visits and data analysis.

1. Basis for data processing
   GDPR requires a legal ground of justification for processing Personal Data. BIODAMI processes your data on the basis of the following justifications:

Consent

Your consent is obtained through requests by e-mail or other social media, orders via the Website and when subscribing to our newsletter. If third parties process your data on behalf of BIODAMI ("sub-processors"), your explicit consent will be requested in writing and prior to this processing. Your given consent can be withdrawn at any time by emailing hello@biodami.com.  The processing of Personal Data before the moment of withdrawal remains lawful on the basis of previously given consent.

Legitimate interest

BIODAMI may have a legitimate interest in processing your Personal Data, such as marketing purposes but also to advise potential customers. Interests may differ per data processing. The interests of all concerned are weighed up fairly.

Execution of the agreement

In order to execute the agreement between BIODAMI and her customers, it is necessary to process Personal Data in order to prepare and send your order.

1. Purpose of processing data
   BIODAMI processes Personal Data for practical reasons such as executing the agreement, communicating with her customers, processing payments, sending the order placed by the Customer keeping the business in good (legal) standing and keeping records and billing. The optimal use of the Website is achieved by processing and is based on commercial considerations such as marketing purposes and gaining insight into (unique) visitor numbers and other statistics. BIODAMI also processes Personal Data to contact and instruct suppliers, for managing and optimizing (monitoring, posting messages and responding to comments) of social media accounts as well as placing advertisements, for insight into Website visitors and search behavior and in order to optimize the website.

Newsletter
BIODAMI sends newsletters to its customers and persons who have registered for this service. We process your name and e-mail address and it is possible to unsubscribe at any time. Once unsubscribed, said data will be deleted immediately.

Account

An account can be created on the Website. Information provided by the Customer such as name, address, e-mail address, telephone number is linked to an account. After closing the account, this data will be deleted immediately.

Other purposes

-        developing and improving new products and services;

-        assessing the effectiveness of our sales, marketing and advertising;

-        reporting to relevant authorities in case of a security or product problem;

-        complying with and reporting according to applicable law;

-        complying with legal obligations and our policies;

-        instituting or defending a legal claim.

1. Storage
   Your Personal Data will no longer be stored on our mailservers and cloud than necessary to achieve the goals as set out above. BIODAMI can keep your Personal Data longer on the basis of a (legal) obligation and taking into account any limitation periods. Your Personal Data will be stored by BIODAMI for a minimum of two years and a maximum of seven years.

1. Processing of Personal Data by third parties
   In certain circumstances your Personal Data will be provided to third parties, such as social media. Your Personal Data may furthermore be shared with suppliers who provide services to BIODAMI, such as business, professional or technical support functions. This including payment processors, hosting parties, suppliers that support BIODAMI with information technology services, marketing and analysis services. Your personal information may also be shared with our partners or other third parties in connection with marketing, promotional and other offers, as well as product information. BIODAMI has entered into or will enter into a processor agreement with these parties in the event of new parties and does not allow these suppliers to process Personal Data for any purpose other than providing services on behalf of BIODAMI. Other data will not be provided to third parties, unless mandatory provisions in laws and regulations make this necessary. Personal Data collected may be shared with the categories of recipients listed below.
   
   Analytic and tracing tools
   BIODAMI uses analytics and tracking tools from third parties such as but not limited to, Google Analytics, to track, segment and analyze usage of the BIODAMI services. Among other information, demographics and interest are determined. Based on this, BIODAMI gains a better insight into visitor preferences on the basis of which the website and services can be improved. These tools may use technologies such as cookies, web beacons, pixel tags, log files, flash cookies and/or other technologies to collect and store non-personal information. Usage and page data about visits to the Website is collected at our request and shared with BIODAMI. BIODAMI does not have access to or control over the use of these cookies or other tracking technologies by these third parties. Please refer to the Privacy Policy of these separate parties as stated in the BIODAMI Cookie Policy for information on cross-device tracking, disconnecting and adjusting the settings of your devices
   
   Other
   In certain other circumstances, BIODAMI may share your personal data with third parties:

-        Transfer of business  
Personal data may be seen as company assets. For this reason, your Personal Data may possibly be shown (due diligence) or transferred in the event of a proposed or executed acquisition or any other variant thereof. This may include a sale, reorganization, merger, joint venture or acquisition or liquidation of BIODAMI or part of its activities.

-        Legal disclosure
If BIODAMI believes that a legal obligation requires disclosure of your Personal Data or to protect BIODAMI's own rights, property and safety of her employees and customers, BIODAMI may disclose your Personal Data.

1. Transfer to third countries
   It may be necessary for BIODAMI to transfer your Personal Data to countries outside the European Union (hereinafter: EU). For example, if BIODAMI requires the assistance of companies established in a country outside the EU to provide or support its Services. These countries do not always have an adequate level of protection. Passing on your Personal Data to such companies in the context of performing Services is only possible with your explicit consent.

The Court of Justice of the EU has declared the EU-US privacy shield invalid in the Schrems II judgment. As a result there is uncertainty about the practical consequences of this ruling when using providers in the United States. This might apply to BIODAMI as we use, among others, Instagram and Facebook. We investigate how we can comply with legislation and regulations with our business operations and also keep up with developments. As soon as the European Data Protection Board (EDPB) issues guidance with additional measures, our Privacy and Cookie Policy will be adjusted where necessary. If you have any questions, please contact us at hello@biodami.com.

1. Rights
   At any time you have to right to file a complaint or objection about processing your Personal Data by BIODAMI. Other rights are to access, oblivion, rectification, addition, data portability, limitation of the processing or deletion of your Personal Data. To do so, send an email to hello@biodami.com.  We will ask you to provide us with specific information so that we can confirm your identity. This is a security measure to ensure that your personal information is not passed on to anyone who has no right to receive it. Below you can read what the aforementioned rights entail

-         Access

You have the right to inspect your personal data at any time. The right of access only concerns access to your own Personal Data. You can request access to your Personal Data including a copy of the personal data that BIODAMI has processed or is still processing about you. In the case that  your data has been deleted, made anonymous or is no longer available due to legislation and regulations, BIODAMI will immediately inform you

-         Oblivion

If there is no longer a legal basis for BIODAMI to keep your Personal Data, you may submit a request to erase your Personal Data. You also have the right to ask BIODAMI to erase or delete your data when you have successfully exercised your right to object to processing, when you are under the age of 16 and the personal data was collected through our Website, when BIODAMI may have processed your data unlawfully or when we need to delete your personal data to comply with laws and regulations. It is also possible to delete your data if you withdraw your previously given consent. Please note that due to specific legal reasons we may not always be able to (fully) comply with your erasure request. Where applicable, we will notify you at the time of your request.

-         Rectification and addition

If you believe that your Personal Data held by BIODAMI is incorrect or incomplete, you can submit a request to adjust. BIODAMI will make reasonable efforts to adjust them where necessary and possible.

-         Data portability

You have the right to request BIODAMI to transfer your Personal Data to you or a third party providing the same type of service. BIODAMI will provide this data in a structured and machine-readable manner. The portability only applies to automated data for which we have received your consent in the past or which has been processed under an agreement between BIODAMI and you.

-         Objection

In certain circumstances you may have the right to object processing of Personal Data by BIODAMI. For example if you believe your rights and freedoms are at stake when processing your Personal Data on the basis of a legitimate ground or when the processing is related to a legal claim. BIODAMI will weigh both your interests and those of BIODAMI in order to be able to assess whether the data processing should be discontinued.

10      Security
BIODAMI takes appropriate technical and organizational measures to protect obtained Personal Data. BIODAMI uses equipment and software to continuously protect its systems and the Website with anti-virus software that complies with current techniques. Online programs used by BIODAMI are all provided with passwords that are changed regularly. The plug-ins used for the Website are always up to date. A backup is made regularly

11      Complaint Dutch Data Protection Authority
Complaints about the use of your Personal Data can be submitted to the Dutch Data Protection Authority (“Autoriteit Persoonsgegevens”) by using the form made available for this purpose on their website.

COOKIES

As soon as you visit our Website, a cookie bar with an explanation about cookies pops up. When you click  "accept", you agree on using all cookies and plug-ins as described in this Cookie Policy. Via your browser you may want to disable the placing of cookies. Please keep in mind that by doing so, our website may then no longer work optimally.

1. Cookies and their use
   Our Website uses scripts, web beacons and cookies. A script is a piece of program code, used to make the Website function properly and interactive. This code is executed on our server or on your device. A web beacon (also pixel tag) is a small, invisible piece of text or image that is used to map traffic on the Website. In order to do so, various Personal Data is stored. Cookies are small (text) files sent along with pages from this Website. Your browser stores them on the hard drive of your computer. The information stored therein can be sent back to our servers on a subsequent visit. Cookies are active on the entire Website. From the moment they are placed on your computer, cookies have a specific period of validity. After expiration, your browser will delete the cookies. In some cases, the validity period is the same as the browser session. In other cases, the cookies remain on your computer for a longer period so that they can be read when you visit our Website again. If BIODAMI uses these kind of cookies, the collected Personal Data will be processed in accordance with this Privacy and Cookie Policy. For convenience, the term "cookies" will be used hereinafter to refer to the above files.

1. Type(s) of cookies used by BIODAMI
   There are many different cookies, such as functional, analytic, affiliate, session, tracking and social media cookies. BIODAMI uses the following types:

Technically necessary cookies (functional cookies)
Cookies that are strictly necessary for the BIODAMI Services to function and to simplify your visit by remembering your settings. BIODAMI uses these cookies to find out information about the number of (unique) Visitors. We may place these cookies without your consent.

Social media cookies
Social media buttons are included on the Website to promote ("like") or share ("share") web pages on social such as Facebook and Instagram. These buttons work by using pieces of code from Facebook and Instagram themselves. Cookies are placed through this code. BIODAMI has no influence on this process and advises to carefully read the Privacy Statement of these companies (which can change regularly) to find out what they do with your Personal Data obtained through cookies and how they process it.
We also use Instagram Shopping, a tool where a tag in the photo on Instagram links directly to the specific Product on our Website. BIODAMI's Instagram account is linked to a business Facebook account with a product catalog.
Privacy Statement of Instagram.
Privacy Statement of  Facebook.

Tracking cookies
We do not use tracking cookies on this Website.

Analytic cookies
A cookie from US based company Google is placed via the Website as part of the Analytics service. BIODAMI uses this service to keep track of which visitors visit our Website (demographics), how visitors use the Website and to obtain reports. Google can provide this information to third parties if Google is legally obliged to do so or if third parties process the information on behalf of Google. BIODAMI has no influence on this. BIODAMI has not allowed Google to use the obtained analytics information for other Google services. The information that Google collects is anonymised as much as possible. Your IP address is expressly not fully provided. The names used for these cookies are _ga, _gat_gtag_UA_28532292_1, _gid and the information obtained is stored for 10 minutes, 2 days or 6 months. The information is transferred to and stored by Google on servers in the United States. BIODAMI has concluded a processor agreement with Google and has not permitted Google to use the obtained analytics information for other Google services. BIODAMI does not use other Google services in combination with the Google Analytics cookies. For more information (English) about Google's cookies and their validity period, read more here. To opt out of data collection in the context of Google Analytics, click here. For general information about the use of cookies by Google, click here.

As mentioned earlier in this Privacy and Cookie Policy, BIODAMI is aware of the fact that the judgment of the Court of Justice of the EU of 16 July 2020 has implications for the transfer of personal data via Google Analytics and we are looking for a solution to this. Privacy is very important to us and we do our utmost.

1. Adjust cookie settings

You may want to refuse the use of cookies by our Website and/or third party websites through your browser settings. You can also delete recently placed cookies or ensure that you first receive a warning before cookies are placed on your browser and/or device via these settings. You need to adjust the settings individually for each browser and device. The method of adjusting the settings differs per browser. You may want to consult the help function of your browser.
As mentioned below under ‘more information’, many websites provide more explanation about cookies (adjustments). You can disable cookies from specific parties via www.youronlinechoices.eu. Please note that the functionality and ease of use of the Website may be reduced if you adjust the settings.

1. More information
   More information regarding your cookie settings: Chrome, Firefox, Internet Explorer, Safari (Desktop), Safari (Mobile), Opera, Opera Mobile and Android Browser

Adjustments

If deemed necessary to be and remain compliant with laws and regulations or in case of (expansion of) BIODAMI products and services, BIODAMI may adjust this Privacy and Cookie Policy without prior consent. Please consult our Policy regularly to stay up to date. The most current version can be found on the Website.

Last updated: August 2022