Legal Notice

1. What is the purpose of this privacy policy?

The purpose of this privacy policy is to inform you about how Biomodex processes your Personal Data (as defined below).

We invite you to read this privacy policy carefully, as well as any other document relating to the processing of your Personal Data that we may communicate to you.

2. Biomodex and Biomodex Corp, joint controllers of the processing of your Personal Data

Biomodex and Biomodex Corp – Biomodex’s subsidiary located in the United States – jointly determine the purposes and means of processing your Personal Data and, as such, are co-controllers of the processing. 

Biomodex and Biomodex Corp. are hereinafter jointly referred to as “Biomodex“.

The regulations applicable to the processing of Personal Data cover all national and European laws and regulations in force and in particular (i) the European Data Protection Regulation 2016/679 of 27 April 2016 (the “GDPR“), (ii) the French provisions of Law No. 78-17 of 6 January 1978 as amended by Law No. 2018-493 of 20 June 2018, (iii) European Directive 2002/58/EC of 12 July 2002 and (iv) the guidelines, opinions, recommendations, advice of the supervisory authorities and final certifications, approvals and court decisions (together, the “Regulations“).

3. On what legal basis and for what purposes does Biomodex process your Personal Data? 

Biomodex processes your Personal Data to the extent strictly necessary to fulfil the purposes described below and on the following legal basis:

Legal Basis	Purposes
Compliance with a legal obligation	Compliance with our legal and regulatory obligations
Execution of the contract	Proper execution of contractual and pre-contractual relations Proposal of services in accordance with your expectations
Your consent	Sending newsletters or commercial offers on Biomodex activity Prospecting, marketing and solicitation operations tailored to your needs. Telephone contact by our services in order to offer our services
Legitimate interest of Biomodex	Improvement and optimization of the Biomodex website Carrying out and developing studies, analysis and statistics Invitation and participation in events organized by Biomodex Study of online browsing behavior to improve Biomodex communication

Biomodex will only use your Personal Data for the above-mentioned purposes, unless Biomodex reasonably believes that the Personal Data should be processed for other purposes consistent with the original purposes. In any case, Biomodex will inform you of these possible subsequent purposes.

4. How does Biomodex collect your Personal Data?

Biomodex collects your Personal Data in particular during your visit to the Website (by subscribing to our newsletter, by creating a customer account with our sales department, etc.), during professional meetings or indirectly. 

5. What Personal Data about you is processed by Biomodex?

Biomodex collects and processes the following categories of Personal Information about you:

– your identification data (title, surname, first name, contact details (email, postal address and telephone number),

– data relating to the follow-up of the customer relationship,

– your broywsing data, etc.

6. Who are the recipients of your Personal Data?

Biomodex only shares your Personal Data with a limited list of people, and only in accordance with the abovementioned purposes and the tasks entrusted to them.

Thus, the only recipients of your Personal Data are Biomodex’s internal sales and marketing personnel and Biomodex’s subprocessors.

Biomodex ensures that these recipients are required to take appropriate security and confidentiality measures in order to comply with this policy. The subprocessors are not authorized to process your Personal Data for purposes other than those set out in article 3.

This Personal Data may also be transmitted to the competent authorities for the purpose of responding to a judicial or administrative decision.

7. What exactly is a cookie? How do we use them? How can you manage them? 

“Cookies” are small data files placed on your device when you browse web pages subject to the choices you have made, in order to store and receive identifiers and other browsing information.

Cookies are used on Biomodex’s website https://www.biomodex.com/ (hereinafter, the “Website“) to (i) facilitate your browsing and (ii) compile visit statistics.

The statistical cookies make it possible to draw up statistics on the use of the Website and to detect browsing problems in order to monitor and improve the quality of our services.

You may at any time set your browser to express and modify your wishes regarding cookies, in particular by refusing certain cookies.

You can also use the interface that we make available to you via the cookie banner that appears when you first connect to the website or after any deletion of your cookies.

By deactivating the statistics cookies, your visit to the Website will no longer be counted in our traffic measurement tools.

The Personal Data collected via our cookies are kept for thirteen (13) months.

8. Do we transfer your Personal Data outside the European Union?

The data we collect from you may be transferred to, accessed from and stored in a country outside the European Union (EU). It may also be processed by staff operating outside the EU who work for us or for one of our service providers.

Biomodex transfers Personal Data outside the EU only in a secure manner and in accordance with applicable law. As some countries may not have laws governing the use and transfer of Personal Data, we will take all necessary steps to ensure that third parties comply with the terms of this privacy policy. These measures may include monitoring the standards applied by such third parties with regard to the protection of personal data and security and/or the signing of appropriate contracts (based on the model adopted by the Commission of the European Union).

9. What are the security measures put in place by Biomodex?

Biomodex implements technical and organisational measures to protect your Personal Data against accidental or unauthorised destruction, alteration, loss or disclosure.

These measures are scalable to ensure better protection, security, integrity and confidentiality of your Personal Data.

10. How long does Biomodex keep your Personal Data?

Biomodex retains your Personal Data only for as long as is strictly necessary to manage our business relationship with you. However, data that is required to prove a right or a contract, which must be retained in order to comply with a legal obligation, will be retained for the period of time required by applicable law.

With regard to possible prospecting operations aimed at customers, their Personal Data may be kept for a period of three (3) years from the end of the commercial relationship.

The Personal Data relating to a prospect, who is not a customer, may be kept for a period of three (3) years from the date of their collection or from the last contact from the prospect.

At the end of this period of three (3) years, we may contact you again to find out whether you wish to continue to receive commercial solicitations.

11. What are your rights and how do you exercise them?

You have the following rights regarding the processing of your Personal Data by Biomodex:

• To access and be informed: you have the right to be informed in a concise, transparent, intelligible and easily accessible form about the way your Personal Data is processed (this is precisely the purpose of this privacy policy). You also have the right to obtain (i) confirmation as to whether or not your Personal Data is being processed by Biomodex and, if so, (ii) to access all of your Personal Data and obtain a copy of it.
• To rectify: If you believe that any of your Personal Information is incomplete or erroneous, you may ask Biomodex to rectify and/or complete it, which Biomodex will do as soon as possible.
• To erase: In certain cases, you can ask Biomodex to erase your Personal Data (“right to be forgotten”); however, as this is not an absolute right, Biomodex may, in certain cases, have legal or legitimate reasons to keep your Personal Data.
• To restrict: In certain cases listed in article 18 of the GDPR, you can ask Biomodex to restrict the processing of your Personal Data.
• To transfer: you have the right to data portability, in a structured, commonly used and machine-readable format. You are, therefore, free to transmit your Personal Data to a recipient of your choice without Biomodex being able to oppose it. However, this right only applies if the processing of your Personal Data is based on your consent or on the execution of a contract, and if the processing is carried out by automated means.
• To oppose: when the processing of your Personal Data is based on Biomodex’s legitimate interest, you have the possibility to oppose to this processing. Biomodex will then stop processing of your Personal Data unless there is a legitimate reason to do so. You also have the right to object at any time to the processing of your Personal Data for marketing purposes. Finally, you have the right to unsubscribe from our newsletter simply by clicking on the “Unsubscribe” link at the bottom of each newsletter.
• Setting out instructions on data handling after your death: these instructions, which may be revoked at any time, may concern the retention, deletion or communication of your Personal Data after your death by designating a person responsible for their execution:
• when they are general directives, you may transmit them to a trustworthy third party certified by the CNIL,
• when it comes to specific instructions, you can send them directly to Biomodex.
• Filing a complaint: you are always entitled to file a complaint with the Commission nationale de l’informatique et des libertés (CNIL).

If you wish to exercise some or all of the above rights or to receive some additional information, you can send a request to Biomodex, accompanied by a copy of a signed proof of your identity and any other information necessary to confirm your identity and process your request (your postal address for example): 

• by email to: contact@biomodex.com,
• by mail to : Biomodex, 2 rue de la Roquette, 75011 Paris – FRANCE.

A response will be sent to you within one (1) month of receipt of your request.

12. Do you have a question?

If you have any questions about Biomodex’s commitment to the protection of privacy and Personal Data, please contact the following address: contact@biomodex.com.

13. Modification of the privacy policy 

Biomodex reserves the right to modify this privacy policy, at any time, according in particular to the legal and regulatory context and the recommendations, opinions and decisions of the CNIL, the European Data Protection Committee and French and European jurisdictions.

Last update: November [●] 2020.