Biodigital

Privacy Policy

Last Updated: January 2024


By using the services (the "Services") provided by BIODIGITAL, INC. ("BD"), you consent to our use and processing of your information as set forth herein. This Privacy Policy covers the treatment of Personal Information that BD gathers when you are on the Sites or use the Services and that our business partners share with BD. This policy does not apply to third parties.


Any order forms or additional agreements to which users agree governing the provision of optional BD features shall take precedence over the terms of this Privacy Policy to the extent of any differences, so please read such order forms or additional agreements carefully.




Personal Information Collected by BD


When you use our Services, we collect Personal Information about you. The purpose of this privacy policy is to explain the types of information we collect, how we use it and with whom it is shared. This privacy policy applies to all users of our Services across the world as required by local laws. If you are accessing the Services in the European Union and the United Kingdom, then you will have additional rights which we explain in this privacy policy.


As used in this privacy policy, the term "Personal Information" means any information that specifically identifies an individual (such as a name, user name, email address, postal address, phone number, credit card details, or account details) or information about that individual that is directly linked to information specifically identifying an individual. If you are using the Services in the European Union and United Kingdom, then Personal Information may also include additional data that could identify you or be indirectly be linked to you, such as some aggregated data, your location, device id and the way that you use the Services. We have explained more about the information we collect about you in the section below.


From time to time, BD may deploy custom solutions based on its cloud platform that unlike the Services do not require users to register for access to the library of content, and therefore information such as name, email or phone number are not collected. Custom solutions that do not require user registration will be noted as such in the applicable customer order form or statement of work.



  1. INFORMATION YOU PROVIDE TO US

    We receive and store any information you enter on the Sites or through the Services or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our features. The Personal Information you provide is used for such purposes as responding to your requests for certain services, customizing the advertising and content you see, communicating with you about our products, and marketing our Services and/or those of our partners to you.


    In order for you to use all of our features, you must register with BD. We require your name, email address and sometimes user role or certain demographic information, such as location, during the registration process. We may also request optional demographic information and unique identifiers to provide you with a more personalized service. You may also provide Personal Information to us when you create public bookmarks, take quizzes or share information on the Sites or using the Services. We may store individual users' quiz results as well as aggregate results to compare our users' performance over time and with each other.


    You may register for the Sites and the Services through a third-party service (e.g., Google or Meta), in which case the third-party service through which you register will state the access we have to your Personal Information.


    Further information may be required if you choose to purchase paid components of the Services, such as a physical address, order information, and billing information. BD uses a third-party partner, Braintree (owned by PayPal), for credit card processing, who may require and store your credit card and billing information. You can find Braintree's privacy policy here. We do not store your credit card information on the Sites but we may receive and store information from Braintree regarding a portion of your credit card number and other identifiers to identify your transaction through Braintree.


  2. AUTOMATIC INFORMATION
    We receive and store certain types of information whenever you interact with us. BD automatically receives and records "traffic data" on our server logs from your browser including your IP address, date and time of your visits to our Sites, your geographic location, BD cookie information, and pages you request. BD uses this traffic data to analyze trends and administer the Sites. Our service automatically collects usage information, such as the numbers and frequency of visitors to our Sites and their components. This data is only used in the aggregate. This type of collective data enables us to figure out how often users use different parts of the Sites and Services. In addition, we may provide statistical collective user information, not information about you personally, to our partners so that they understand how often people use specific components of our Sites and Services.

  3. EMAIL COMMUNICATIONS

    If you contact us via email through the Sites, we may retain a record of your contact information and any information you provide us in your message to respond to you. We may receive a confirmation when you open an email from BD. BD uses a third-party partner, Zendesk, to manage support inquiries. Zendesk's privacy policy can be found here.


    We may also send emails with news, promotions, service updates, or customer service communications. If you do not want to receive email from us, please contact us at support@biodigital.com. If you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will govern your use of the Sites and Services.

    If your organization has an enterprise account with BD, we will communicate with your designated contact person through email or phone calls.


Information From Other Sources


To improve our Services, we may receive information about you from other sources such as analytics tools and reference or add it to our account information. Like the information you provide to us, we do not share this information with anyone except business partners and authorized third parties in connection with providing you with our Services. Whenever possible, these tools are also GDPR compliant.




Cookies


Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our Sites are visited and by how many people. BD cookies do not collect Personal Information, and we do not combine information collected through cookies with other Personal Information to tell us who you are or what your name or email address is.


Most browsers allow you to prevent the browser from accepting new cookies, to be notified when you receive a new cookie, or to disable cookies. If you disable cookies, you may not be able to take advantage of some of BD's features. Some of our business partners may use cookies on our Sites. However, we have no access to or control over these cookies.


We may also employ the use of anonymous identifiers, which are random strings of characters that are used for the same purposes as cookies on platforms, including certain mobile devices, where cookie technology is not available. We may use web beacons or similar technology on our Services. Web beacons are small, invisible graphic images that may be used on our Services or in emails relating to our Services to collect certain information and monitor user activity on our Services, such as to count visits and understand usage effectiveness.




Information From Children


Children's Privacy


Our website is intended to be a general use website, and although scientific in nature, is not intended or marketed for children under the age of 18.


Apart from our website, some of the Services we provide and features of our sites and applications are age-related and are not available for use by children. In connection with those Services, sites, and application, we do not knowingly collect Personal Information from children under the age of 18.


We recognize the need to provide further privacy protections with respect to Personal Information from children. When we intend to collect Personal Information from children we take additional steps to protect children’s privacy, including the following:



  • Notifying, either directly or through our partners, parents about our information practices with regard to children under the age of 16, including the types of Personal Information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information;

  • In accordance with applicable law, and our practices, obtaining consent (either directly or through our partners) from parents for the collection of Personal Information from their children under the age of 18, or for sending information about our products and services directly to their children under the age of 18;

  • Limiting our collection of Personal Information from children under the age of 18 to no more than what is reasonably necessary to participate in an online activity; and

  • Giving parents access to or the ability to request access to Personal Information we have collected from their children under the age of 18 and the ability to request that the Personal Information be changed or deleted.


Educational Records


We may partner as a vendor with educational agencies and institutions (EAs). In our capacity as a vendor for EAs, we may receive disclosures of personal information contained in student records. Only information that is needed for BioDigital to perform services outsourced to it by the EA is disclosed to BioDigital. These disclosures are authorized under the Family Education Rights and Privacy Act (FERPA), a federal statute that regulates the privacy of student records by EAs that receive financial assistance from the U.S. Department of Education, and applicable state laws. Consistent with applicable law and regulations, BioDigital has a legitimate educational interest in the information to which it is given access because the information is needed to perform the services for which it acts as a vendor. When it acts as a vendor to EAs, BioDigital acts under the direct control of the EA in using and maintaining the disclosed educational records, consistent with the terms of its contract.


In turn, BioDigital shall use educational records only for the purposes of fulfilling its duties contracted by the educational institution. BioDigital will not sell or otherwise use or redisclose educational records for any purpose except as otherwise identified in this policy.


Sharing of Information by BD


  • Affiliated Businesses We Do Not Control

    BD may provide services or sell products jointly with affiliated businesses. We will share customer information that is related to such transactions with those affiliated businesses. We require our affiliates to provide the same level of privacy protection that we do and they do not have the right to share or use Personal Information for any purpose other than for an authorized transaction. BD may share demographic and other non-financial information with business partners.


  • Agents

    We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products and services. Examples include billing, processing payments, providing marketing assistance, and providing customer service. Our agents subscribe to the same level of privacy protection as we do. Unless we tell you differently, BD's agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.


  • Billing Information

    Financial and billing information collected through the Sites and Services is used solely to check the qualifications of prospective partners and customers and to bill for the Services. BD may transmit this information to independent contractors who are bound to us by written confidentiality agreements. This billing information is not used by BD for marketing or promotional purposes. BD uses a third-party intermediary to manage credit card processing who may store, retain, and use the information provided solely for the purpose of credit card processing.


  • Promotional Offers

    We or our business partners may send offers to certain users on behalf of other businesses or provide our partners with the opportunity to notify users directly of promotions. If you do not wish to receive these offers, please toggle off “receive emails” under your account settings or email us at
    support@biodigital.com


  • Information You Post

    When you post information on the Sites or through the Services, your username and certain profile information are visible to other users. BD or other parties may use information posted by you, along with your profile information, in any medium now existing or developed in the future. BD will use commercially reasonable efforts to attempt to notify you before using information posted by you along with your profile in other media.



  • Business Transfers

    In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if BD, or substantially all of its assets, were acquired, or in the unlikely event that BD goes out of business or enters bankruptcy, user information would be one of the assets that is reviewed and transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of BD may continue to use your Personal Information as set forth in this policy or to share or transfer your Personal Information as may be necessary in such a transaction.


  • Protection of BD and Others

    We or our business partners may release Personal Information when we in our sole discretion believe in good faith that release is necessary or appropriate to comply with the law, enforce or apply our conditions of use and other agreements, or protect the rights, property, or safety of BD, our employees, our users, or others.


  • With Your Consent

    Except as set forth above, you will be notified when your Personal Information may be shared with third parties.


USE OF YOUR PERSONAL INFORMATION


If you are accessing our Services in Europe, then we are required to ensure that we only process your Personal Information where we have a legal basis to do so. When we process your Personal Information, we will only do so where at least one of the following applies:


  • We need to use your Personal Information to perform our responsibilities under our contract with you (e.g. processing payments for and providing our Services).
  • It is in our legitimate interests to use your Personal Information in certain circumstances. For example, it is in our legitimate interests to use your Personal Information in connection with our Services; to improve our Services; to ensure that our Services are secure; to, tell you about changes to our Services; to tell you about new services or products we are offering; for business reasons (for example to develop our business or if we are thinking of selling our business); to tell you about offers or promotions we are running; for operational purposes.
  • Sometimes we may ask for your consent to use certain types of Personal Information (e.g. by asking you to tick an online box). In these circumstances, your consent will be our legal basis for processing your Personal Information. If you have provided consent, you may withdraw it at any time. You may do this where we give you the opportunity to do so, or by contacting us using the contact details above. For example, we may ask for your consent to pass your Personal Information to third parties who may send you information about products, services or offers you may be interested in.



Information Security


Your BD account information is protected by a password for your privacy and security. We use industry-standard Secure Socket Layer (SSL) software to protect the security of your Personal Information during transmission, which encrypts all of the information you input. Only employees or agents who need Personal Information to perform a specific job are granted access to it. All of our employees are kept up to date on our privacy and security practices. While BD uses commercially reasonable means to secure your information, we do not guarantee that your Personal Information will not be improperly accessed, disclosed, or destroyed by breach of any of our safeguards. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures used in the Services.




Accessing Information


You are able to access, add to and update certain information about you. When you update information, however, we often maintain a copy of the unrevised information in our records. You may cancel your BD Account and delete your Personal Information by following the process set forth on the Sites. Some information that does not include your Personal Information may remain in our records after deletion of your account.


DURATION OF INFORMATION STORAGE


In general, we will only keep your Personal Information for as long as it is necessary to fulfil or achieve the above-mentioned purposes. Alternatively, we may continue to use your Personal Information in anonymized form. When you delete your account with us, we will delete your Personal Information. Sometimes, unless notified to delete your account information, we may keep your Personal Information after a paid or unpaid account is no longer used so your account and records can be restored should you decide to use your account again. For example:


  • We may retain Personal Information about how you have used our Services in anonymized or aggregated form after you have closed your account with us so we can analyze how you have used our Services and improve users’ experience.
  • We may also retain your Personal Information after you have closed your account so that we can send you information about products and services we think you may be interested in. You can "unsubscribe" to receiving such messages or tell us you are no longer interested.
  • We may retain your Personal Information in order to protect our legal rights, or those of third party, or to comply with the law.
  • We may retain your Personal Information in order to restore your account and data.

Conditions of Use


Your use of the Sites and Services and any possible dispute over privacy are subject to this Privacy Policy and our Terms and Conditions, including limitations on damages, arbitration of disputes, and application of New York state law.




International Visitors


For users outside the United States, please note that any data or Personal Information you enter into the Services or Sites will be transferred out of your country and into the United States. You consent to such transfer through your use of the Services and Sites. You also warrant that you have the right to transfer such information outside your country and into the United States.


TRANSFER OF INFORMATION OUTSIDE OF THE EUROPEAN ECONOMIC AREA


Whenever we transfer your Personal Information out of the EEA, we will comply with applicable data protection law. Some of the mechanisms we may choose to use when undertaking an international transfer are:


  • The transfer of your personal data is to a country that has officially been deemed to provide an adequate level of protection for personal data by the European Commission.
  • We may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe (called the “EU Model Clauses”).

Many of our external third-party providers are based outside the EEA, so their processing of your personal data will involve a transfer of data outside the EEA.




Third Party Sites


The Sites and Services may permit you to link to other websites on the Internet, and other websites may contain links to the Sites or Services. These other websites are not under BD's control and BD is not responsible for the privacy or security practices or the content of such websites. We encourage you to learn about their privacy and security practices and policies before providing them with any Personal Information.




Your Choices and Rights Regarding the Use of Your Personal Information


For all individuals accessing this site, regardless of where you are based (for example, in the EEA or in the United States), you may "opt out" of receiving marketing or promotional messages from us by following the instructions in those messages or changing your email preferences in your account settings. You may also opt out of such marketing by emailing us at support@biodigital.com. If you opt out, we may still send you non-promotional emails, such as emails about your account or our on-going business relations.


We want you to be in control of your information, so you also have the following rights:


  • To have access to any Personal Information we hold about you.
  • To delete or ask us to erase the Personal Information we hold about you.
  • To ask us not to use your Personal Information for direct-marketing purposes.
  • To correct Personal Information we have of you.
  • To restrict the way that we process your Personal Information.
  • To have your Personal Information provided to a third-party provider of services.
  • To have a copy of any Personal Information which we hold about you.
  • To object to our processing of your Personal Information.

If you need help or wish to exercise any of the above rights or have questions about them, please contact us using the details above. We will consider all such requests and provide our response as soon as we can. Please note, however, that Personal Information may be exempt from such requests in certain circumstances, which may include needing to keep processing your Personal Information for our legitimate interests or to comply with a legal obligation. Please note that we may request you provide us with information necessary to confirm your identity.




Changes to this Privacy Policy


BD may amend this Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to our privacy policy, we will notify you by posting an announcement on our Sites.




Complaints, Questions or Concerns


If you have any complaints, queries or questions about how we use your Personal Information, please send us a detailed message to support@biodigital.com to BIODIGITAL, INC. at BioDigital, Inc, 228 Park Ave S Suite 31100. We will then get in touch with you to see how we can help. If you have a complaint about how we use your Personal Information, we would always prefer you to contact us first. Your privacy is important to us and we will make every effort to resolve your concerns.


Effective Date: January 2024
© 2024 BIODIGITAL, INC. All rights reserved.