GDPR Privacy Notice
BioFilm EU Privacy Notice
Effective: October 2, 2018
General
BioFilm, Inc. (“BioFilm” or “we” or “us”) manufactures and distributes high-quality personal health products under the Astroglide brand. BioFilm respects the privacy of its customers and recognizes the importance of protecting the information you provide to us over the Internet. We are strongly committed to transparency, and want you to understand how we collect, use, share, and protect your Personal Information, as well as how you can manage the Personal Information we collect. This EU Privacy Notice (“Privacy Notice”) applies to your interaction(s) with:
· Our website www.ASTROGLIDE.com, and any versions optimized for viewing on a wireless or tablet device (collectively, the “Website”);
· All email newsletters that we publish or distribute and all products and services that we make available or provide (collectively, the “Services”); and
· All other interactive features and communications that we provide, operate or make available, no matter how accessed or used (collectively, the “Features”).
This Privacy Notice does not apply to information that you provide to third parties, including to which we link.
Acceptance of Terms
By using the Website, Services, or Features, you are accepting the terms of this Privacy Notice. If you do not agree with the terms of this Privacy Notice, please do not use the Website, Services, or Features. If you do not understand, or if you have any questions about this Privacy Notice, please contact us by email at customer.service@biofilm.com before using, or continuing to use, our Website, Services, or Features.
Changes
We reserve the right to change our Privacy Notice from time to time by posting the changes here. We will also provide you with notice by prominently posting on our Website or via email if we make any changes to this Privacy Notice that significantly impact your rights. Your use of our Website, Services, or Features after we have made changes to our Privacy Notice will mean that you have accepted those changes to the Privacy Notice.
Links
Please select any of the following links to learn about the ways we collect, use, share, and protect Personal Information.
Who Are We?
BioFilm, Inc.
Attn: Customer Service
3225 Executive Ridge
Vista, CA 92081
The Types of Information We Collect
We collect two types of information from you when you use or interact with our Website, Services, or Features: Personal Information and Non-Personal Information.
· Personal Information includes all information that relates to you personally and either identifies, or may be used to identify, you personally. Personal Information also carries the same meaning as “personal data” under Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (“GDPR”). We may collect the following types of Personal Information from you depending upon how you interact with us or use or interact with our Website, Services, or Features:
o Name;
o Postal address;
o Email address;
o Telephone number;
o Demographic information (e.g., age and gender); and
o Persistent online identifiers, including IP address, MAC address, or geolocation information (collectively, “Personal Information”).
· Non-Personal Information includes information that does not personally identify you (collectively, “Non-Personal Information”). We may collect certain Non-Personal Information from you depending on how you interact with us or use or interact with our Website, Services, or Features.
Personal Information We Collect from You
We collect information about you, including Personal Information:
· When you visit the Website through the use of cookies and other tracking technology;
· When you engage in a transaction with BioFilm, including when you request a sample, or sign-up for a newsletter; and
· When your information, including Personal Information, is available from public sources, social media platforms, vendors, and other third parties that may share information as permitted in their privacy policies.
Personal Information We Collect from Other Sources
We may also collect information about you, including Personal Information, from other sources or from our offline interactions with you to, among other things, enable us to verify and update information contained in our records and to better customize the Website, Services, or Features for your use.
Personal Information We Collect Using Cookies and Other Tracking Technologies
Like many websites and mobile applications, we use cookies and similar technologies as described in this Privacy Notice. By consenting to the Website’s cookie notice, you agree that we can distinguish you from other users of our Website, Services, and Features for the purposes set out below, and you accept the cookies described herein. This helps provide you with a better user experience, tailored content, and interest-based advertisements. For example, we can recognize and remember important information that will make it more comfortable for you to browse our Website, or use our Services or Features.
What are Cookies and Similar Technologies?
A cookie is a small file of letters and numbers that we store via your browser on the hard drive of your computer or mobile device.
There are three main types of cookies:
· Session cookies: specific to a particular visit and limited to sending session identifiers (random numbers generated by the server) so you don’t have to re-enter information when you navigate to a new page or check out. Session cookies are not permanently stored on your device and are deleted when the browser closes.
· Persistent cookies: record information about your preferences are stored in your browser cache or mobile device; and
· Third party cookies: placed by someone other than us which may gather data across multiple websites or sessions.
What Cookies Do We Use?
A list of all cookies can be found in our Cookie Declaration, please click here to view.
We use cookies for the following four purposes:
| Type of Cookie | Purpose of Cookie |
| Strictly necessary | These cookies are essential for you to browse our Website and use its features. The information collected relates to the operation of the Website (e.g., Website scripting language and security tokens) and enables us to provide you with the service you have requested. |
| Functionality | These cookies remember the choices you have made, for example the country you visit our Website from, your language and any changes you have made to text size and other parts of the web pages that you can customize to improve your user experience and to make your visits more tailored and enjoyable. |
| Performance / analytics | These cookies collect information on how users use the Website. For example, these cookies relate to which pages you visit most often, whether you receive any error messages and how you arrived at our Website. Information collected by these cookies is used only to improve your use of our Website. These cookies are sometimes placed by third party providers of web traffic and analysis services. We use Google Analytics. For information on how Google processes and collects your information and how you can opt out, please click here. |
| Targeting or advertising | These cookies collect information about your browsing habits and inferred interests to make advertising more relevant to you. They are also used to limit the number of times you see an advertisement as well as to measure the effectiveness of an advertising campaign. These cookies are usually placed by third party advertising networks. They remember the other websites you visit and this information is shared with third party organizations, for example advertisers. |
We may also automatically collect and store certain information about your interaction with our Website including IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps and related data.
Other technologies
In addition to cookies, we use some other similar technologies as follows:
· Web Beacons: small graphic images included on the Website or emails or those of third parties to provide analytics information.
· Social widgets: buttons or icons provided by third party social media networks which may collect browsing data and will be received by the third party and are controlled by the third party.
· Local shared objects: these are sometimes called flash cookies and can be stored on your browser. They are used to maintain preferences and usage records.
You acknowledge that where we allow third parties (identified above) to drop cookies, we have no control over those cookies or the data generated. Please refer to the third party’s privacy policy for information on what information they collect and how they use it.
Refusing or deleting cookies
Most internet browsers are set up by default to accept cookies. However, if you want to refuse or delete them (or similar technologies) please refer to the help and support area on your browser for instructions on how to block or delete cookies (for example: Internet Explorer, Google Chrome, Mozilla Firefox, and Safari). Please note you may not be able to take advantage of all the features of our Website, including certain personalized features, if you delete or refuse cookies.
OR
Please click on the following links to adjust your browser settings:
· Opera
Please note that you may not be able to take advantage of all features of our Website if you delete or refuse cookies.
Opt-Out
To opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout. Currently there is no add-on for Microsoft Edge.
For more information on managing cookies, please go to www.allaboutcookies.org
If you are a resident in the EU
For more information on managing cookies, please visit www.youronlinechoices.eu which has further information about behavioral advertising and online privacy.
Use of Google Analytics
Our websites use the web analytics service Google Analytics that is provided by Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses cookies. The information generated by the cookie on your use of the platform will be transmitted to and stored by Google on servers in the United States. We have activated the so called “IP-anonymization” which means that your IP address will be truncated within the area of the EU or the European Economic Area before being transferred to the United States. Only in exceptional cases the entire (ie. non-truncated) IP address will be transferred to a Google server in the US and truncated there. Google will use this information on our behalf for the purpose of evaluating your use of the platform, compiling reports on platform activity and providing other services relating to platform and internet usage. Google does not provide us with data that we may link back particularly to you. Your truncated IP address that is transferred to Google will not be associated with any other data held by Google. You may refuse accepting cookies by selecting the relevant settings of your browser. However, please note that if you do so you may not be able to use the full functionality of the platform. You can also opt out from being tracked via Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Add-on under https://tools.google.com/dlpage/gaoptout.
Our Legal Basis for Using Your Personal Information
There are a number of bases that permit us to use your Personal Information for the purposes described in this Privacy Notice, including that:
· You have provided your consent to us using your Personal Information for that purpose, including, for example, where you have given us your consent to send you information from BioFilm.
· We need to use your Personal Information to fulfill our terms of service in order to provide our services to you.
· We need to comply with a legal obligation, including, for example, responding to government or law enforcement information requests; and/or
· The processing is necessary for purposes of our legitimate interests, provided we have balanced these against your rights and interest.
Our legitimate interests to use your Personal Information include:
· To ensure effective administration and management of your relationship with us.
· To understand how our customers use our services.
· To carry out research and analysis on what services or products our customers want or how they would like us to improve our services.
· To understand how our customers use the Website, Services, and Features, and identify any issues in how the Website, Services, and Features are used and how we can improve the customers’ usage experience.
· To tell our customers about the various Services and Features we offer.
· To understand and respond to customer feedback.
· To better tailor and personalize the Website, and any promotions and benefits that we offer to our customers.
· To prevent, detect, or investigate unauthorized use of our Website, Services, and Features, and to ensure we comply with law and our policies.
· To manage any disputes and accidents and take legal or other professional advice.
Who Do We Provide Your Personal Information To?
Except as disclosed in this Privacy Notice, we do not disclose information about your Personal Information collected online to any companies not part of BioFilm. In no event will we sell or rent your Personal Information as part of a customer list or similar transaction.
We may use and share your Personal Information with affiliated and non-affiliated organizations as follows:
| Third Party Recipient | Purpose of Disclosure | Legal Basis for Processing |
| IT service providers, including IT platform providers and website analytics service providers. | · Support our IT systems and infrastructure. · Provide maintenance services for our IT systems and infrastructure. · Provision of data hosting and other data processing services. · Provide analytics services relating to your use of the Website, and to identify any technical or user interface issues and/or improvements in connection with the website. | · Legitimate Interests · Consent |
| Service Providers | · Performing functions on our behalf, such as hosting, billing, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc. | · Performance of contract · Legitimate interests · Legal obligation · Consent |
| Government, regulatory, and law enforcement agencies | · As requested by these agencies if the disclosure is required or permitted by law. · To take action regarding illegal activities, traffic offenses or violations of terms of service. · If we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person. · As otherwise required or permitted by law. | · Legitimate interests. · Legal obligation. |
We may also transfer or assign your Personal Information to third parties as a result of, or in connection with, a sale, merger, consolidation, change in control, transfer of assets, bankruptcy, reorganization, or liquidation. If we are involved in defending a legal claim, we may disclose information about you that is relevant to the claim to third parties as a result of, or in connection with, the associated legal proceedings.
Emergency Situations
We may also use or disclose your Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Website; (b) protection and defend our rights or property, the Website, Services, Features, or our customers, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Website, Services, or Features, or the public. This includes exchanging information with other companies and organizations for fraud protection.
The Steps We Take To Keep Your Personal Information Secure
We are concerned about ensuring the security of your Personal Information. We exercise great care in providing secure transmission of your Personal Information from your device to our servers. We store Personal Information that we have collected in secure operating environments that are not available to the public. Our security procedures mean that we may occasionally request proof of identity before we disclose your Personal Information to you. We try our best to safeguard your Personal Information once we receive it, but please understand that no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
How Can We Transfer Your Personal Information?
If we transfer your Personal Information to or from countries that are located outside the EU which do not benefit from an adequacy decision issued by the EU Commission regarding protection afforded to Personal Information in that country (see list of countries here https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en), these transfers will be made either as they are necessary for the performance of a contract to which you will be a party, or for pre-contractual measures. Alternatively, adequacy of data protection is ensured by standard data protection clauses that we have in place with the relevant recipients.
In addition, the information we collect from you may be transferred to, and stored by, IT vendors who operate on our behalf, particularly to those located in the United States. We also transfer information to a number of providers of marketing services. These providers are primarily located in the United States.
The United States does not benefit from a decision issued by the EU Commission regarding protection afforded to Personal Information. Adequacy of data protection is instead ensured by standard data protection clauses we have in place with the third parties.
How Long Do We Keep Your Personal Information?
We keep your Personal Information for no longer than is reasonably necessary or required by law. How long we keep your Personal Information depends on the type of information, and the purpose for which it was gathered. The criteria we use to determine the length of time we keep your Personal Information includes:
· The length of time you have been a user of our Website, Services, or Features;
· How frequently you use our Website, Services, or Features;
· Whether there are contractual or legal obligations that exist that require us to retain the Personal Information for a certain period of time;
· Whether there is any ongoing legal claim that relates to you, or is otherwise related to your relationship with us;
· Whether any applicable law, statute, or regulation allows for a specific retention period;
· Whether the Personal Information is considered to be a special category of Personal Information, in which case a shorter retention period generally would be applied; and
· What the expectation for retention was at the time the Personal Information was provided to us.
Linking to or From Another Website
The Website, Services, or Features may contain links to other websites operated by third parties. Please be advised that the practices described in this Privacy Notice for BioFilm does not apply to information gathered through these third-party websites. We have no control over, and are not responsible for, the actions and privacy policies of third parties and other websites.
BioFilm Does Not Knowingly Collect Information from Children Under Eighteen (18) Years Of Age.
BioFilm does not knowingly collect any Personal Information from under eighteen (18) years of age. If you are under eighteen (18) years of age, do not send any information about yourself to BioFilm or request a product sample. If BioFilm discovers that a child under the age of eighteen (18) has provided BioFilm with Personal Information, BioFilm will delete that child’s Personal Information. BioFilm encourages parents and guardians to spend time online with their children and to supervise their children’s activities on the World Wide Web. BioFilm suggests that parents consider using parental control tools available from online services and software manufacturers that may help ensure a child friendly online environment and help direct their children to suitable, child-oriented web sites.
Assignment
We may change our ownership while providing the Website, Services, or Features. We may also sell certain assets associated with the Website, Services, or Features. As a result, please be aware that in such event we may transfer some or all of your Personal Information to another entity acquiring all or part of our assets, or to another entity with which we have merged, we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Notice, as it may be amended from time to time. Nevertheless, we cannot promise that an acquiring company or one that merged with us will have the same privacy practices or treat your Personal Information the same as described in this Privacy Notice.
Your Privacy Rights
You may have – in accordance with applicable law – the following rights when it comes to our handling of your Personal Information:
· Right of access – you may have the right to request a copy of the Personal Information we have about you, and to request supporting information explaining how the Personal Information is used.
· Right of rectification – you may have the right to request that we rectify inaccurate Personal Information about you.
· Right of erasure – You may have the right to request that we erase Personal Information about you.
· Right to restrict processing – in some situations, you may have the right to request that we do not use the Personal Information you have provided (e.g., if you believe it to be inaccurate).
· Right to data portability – you may have the right to receive certain of your Personal Information in a structured, commonly used and machine-readable format and to transmit such information to another controller.
· Right to withdraw consent – where we process your Personal Information based on consent, you have the right to withdraw consent at any time. However, this will not affect the lawfulness of the processing based on consent before its withdrawal. Furthermore, even in the case of withdrawal, we may continue to use your Personal Information as permitted or required by law.
· Right to object – where we are processing your Personal Information based on a legitimate interest, you may challenge this. However, we may be entitled to continue processing your Personal Information based on our legitimate interests or where this is relevant to legal claims. You also have the right to object where we are processing your Personal Information for direct marketing purposes.
Please get in touch with us as set forth in this Privacy Notice if you would like to exercise any of these rights or in case you should have any concerns about how we process your Personal Information. You are also free to lodge a complaint with an applicable supervisory authority should you feel we process your Personal Information in a way that is against applicable law.
Your Choices
We believe you should have choices about the collection, use, and sharing of your Personal Information. Although you cannot opt-out of all data collection when you visit our Website or use our Services, or Features, you can limit the collection, use, and sharing of your Personal Information.
Provision of Personal Information: If you do not want us to collect your Personal Information, please do not provide it to us. Please understand that if you choose not to provide certain Personal Information to us, your choice will restrict your ability to access some content and use some of the functionality of the Website, Services, and Features.
Emails and Other Communications: If you would like to change the types of communications you receive from us, including opting out of promotional communications from us, you may do so at any time by updating the communication preferences specified on the Website, Services, or Features. Please note that this may impact your ability to access certain Services or Features, and we may continue to send non-promotional communications such as staffing confirmations, surveys, and other information about your use of the Website. You can request at any time that BioFilm not send future e-mail to you either by unsubscribing from the communication or by contacting us at customer.service@biofilm.com. It may take us up to fourteen (14) business days to process your changes, but we will do so as quickly as we can.
Tracking: You have choices to limit some tracking mechanisms that collect information when you use the Website. Many web browsers automatically accept cookies, but you can usually modify your browser’s setting to decline cookies if you prefer. If you choose to decline cookies, certain features of our Website may not function properly or remain accessible to you, including the Website itself. You may also render some web beacons unusable by rejecting or removing their associated cookies. If you choose to remove cookies, you may remove opt-out cookies that impact your advertising preferences.
Security
We take reasonable steps to protect your Personal Information as you transmit your Personal Information from your computer to our Website and to protect such information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from the Website may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Moreover, where you use passwords, ID numbers, or other special access features on this Website, it is your responsibility to safeguard them. Also, remember to sign out of your account and close your browser window when you finish surfing the Website, so that other people using the same computer won’t have access to your Personal Information.
Access and Correction
BioFilm depends on its users of the Website, Services, and Features to update and correct their Personal Information. To review or change your Personal Information collected by BioFilm, please send your request, including the Website to which your request pertains, to customer.service@biofilm.com or to:
BioFilm, Inc.
Attn: Customer Service
3225 Executive Ridge
Vista, CA 92081
If you want to unsubscribe from an email list of BioFilm, please let us know by following the “Unsubscribe” instructions that are included in each promotional email from BioFilm. Please note that such requests may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your purchases, transactions, dealings with the Website, or technical information about the Website, Services, or Features.
To keep your Personal Information accurate, current, and complete, please contact us as specified herein. We will take all reasonable steps to update or correct Personal Information in our possession that you have previously submitted via the Website, Services, or Features.
Links
Please be aware that when you are on our Website you could be directed to other websites and/or online materials through links to other web pages that take you outside BioFilm’s service and are beyond BioFilm’s control. For example, you may encounter links from sponsors or partners, which may include BioFilm’s logo as part of a co-branding agreement. If you “click” on the link to such a third party, the “click” takes you off our Website. These other websites may set their own cookies, collect data, solicit Personal Information and/or have their own privacy policies. This Privacy Policy only covers information collected at our Website, or obtained through our Services or Features. We encourage you to review the privacy policy of any other website you visit.
Consent To Transfer
This Website is operated in the United States. If you are located in the EU or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Website, participating in any of our Services or Features, and/or providing us with your Personal Information, you consent to this transfer.
Acceptance
By using the Website, you accept the policies set forth in this Privacy Notice. BioFilm reserves the right to modify, alter or otherwise update this Privacy Notice at any time. We will post any changes here, so be sure to check back from time to time.
Rules and Guidelines for Official Astroglide Social Media Contests
The following rules apply to all contests run officially by the Astroglide brand through social media channels. Astroglide is not responsible for and does not officially endorse the rules or regulations set forth by outside parties.
All Astroglide contests are open only to residents of the Continental United States over the age of 18. No purchase is necessary and purchases of any kind will not increase your odds of winning.
Contests hosted on Facebook, Twitter or other social media sites are not sponsored, endorsed, administered by, or associated with those sites.
Contest entrants agree to release personal information such as name and address if chosen as a winner. This information will not be released to outside parties.
Any content including but not limited to testimonials, photos and videos submitted by contest entrants can be used by Astroglide both internally and for future branding or marketing efforts.
Winners are chosen at the sole discretion of Astroglide and winners may be chosen based on different factors for different contests.
If you have questions about current or past contests please contact us.
Governing Law
This Privacy Policy shall be governed by, and will be construed under, the laws of the State of California, USA, without regard to choice of law principles. Those who choose to access the Websites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside. BioFilm may limit the availability of a Website, in whole or in part, to any person, geographic area or jurisdiction, at any time in its sole discretion.
Contact Us
If you have any questions, comments or concerns about our Privacy Policy, you may contact us through customer.service@biofilm.com. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence.
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