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Last updated: September, 2024

 

PROTECTING YOUR PRIVACY

BIOS Marketing & Communications. ("BIOS Marketing" or "we", "us", or "our") is committed to protecting the privacy of your personal information. This Privacy Statement (the "Statement") applies to all of the channels in the United States by which BIOS Marketing collects, uses and/or shares your information, including online channels (e.g. BIOS Marketing U.S. websites, mobile applications, and social media pages, collectively referred to as the "Website") and offline channels (e.g., in-store transactions and events in the U.S.).

This Statement describes the information we collect in the United States and how we use and disclose it. Your continued use of the Website constitutes your consent to the terms of this Statement and any updates. This Statement is incorporated into and is subject to, the Terms and Condition. If you do not agree to the Terms and Conditions or this Statement, please do not use the Website.

 

WHAT INFORMATION DO WE COLLECT AND STORE? 

Except as disclosed below, we don’t sell, trade, give away, or rent your personal information to any third party outside of BIOS Marketing. One of the basic principles we've tried to follow is to limit the information we collect from and share about you.

This section describes how we may collect information through both online and offline channels.

 

PERSONAL INFORMATION

We collect and store personal information that you provide to us, including through the Website, at our stores and events, and in communications with our Customer Service Department. We combine the information we receive from or about you through any of these channels and use and disclose it in accordance with this Statement.

In general, you can use and visit our Website without submitting any personal information; however, in order to utilize and access specific features, you will be asked to submit your personal information. Personal information means information that may be used to readily identify, contact, or locate an individual and may include, but is not limited to, your full name, birth date, email, physical address, telephone number, and gender. We may also infer your general location based on your device’s IP Address, which we use to personalize content provided to you on the Website and in emails we send to you.

For example, when you open an account or place an order, we may collect and store some or all of the following information that you provide: your full name, billing address, shipping address, email address, and telephone number. When you choose to log-in and connect your social media account, such as Facebook, to your Website account, we collect public information about you from that social media website and non-public information (such as your email address) with your permission. We collect your email address and zip code if you subscribe to our newsletter, and we collect your mobile number if you send a text message to us to opt into receiving text messages from us.

When you make payments through the Website, you will need to provide financial account information, such as your credit card number, to our third-party service providers. We do not collect or store such information, though we will receive information about completed transactions that does not include credit card numbers.

In certain areas of the Website, you may be asked to provide personal information in connection with registration for community postings (i.e., chat or bulletin boards), suggestions, employment applications, or customer service requests, among other reasons. When we run a contest or sweepstakes on or relating to our Website, it will be accompanied by a set of rules. The rules for each contest/sweepstakes will specify how the information gathered from you for entry will be used and disclosed, if it is different than as described in this Statement.

 

NON-PERSONAL USAGE INFORMATION

We may also gather certain non-personally identifiable information about your use of our Website ("Usage Information"). Generally, this information is collected through "traffic data." We collect and store certain other information automatically whenever you interact with our Website. For example, we collect your IP address, browser information, and reference site domain name every time you visit our Website. We also collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve our Website, provide our customers with a fulfilling shopping experience, and personalize the Website, our communications with you, and your shopping experience.

 

HOW DO WE USE COOKIES AND SIMILAR TECHNOLOGY, ADVERTISING, AND ONLINE TRACKING?

Like many websites, we and our third-party partners, such as advertising networks, social media widgets, and analytics providers, use "cookies" – files stored on a computer’s hard drive by a browser, and other similar technology to provide, monitor, and customize the Website and its usage and our email communications to you. Cookies also allow us to hold selections in a shopping cart when you leave the Website without checking out and to send you email communications about your activity on the Website, shopping orders, and other shopping opportunities. For example, we may send you emails to remind you about unpurchased items in your shopping cart or to notify you that an item in your shopping cart has changed in price, and we can determine whether the messages were opened.

Our partners also may collect and combine information about your online activities over time, on other devices, and on other websites or apps, if those websites and apps also use the same partners. Our partners may use the information to tailor advertisements shown to you for goods and services on the Website, on other websites and apps, and in email communications. We do not control these cookies, and these cookies are not subject to this Statement.

For example, we use Google Analytics and Google AdWords, among other analytics and online advertising tools, on the Website to collect Usage Information, to analyze how users use the Website and to provide advertisements to you on the Website and on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

You may be able to opt out of receiving personalized advertisements on this browser or device from advertisers, or other advertising networks who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out options of each of those organizations. Links to those sites are here:

-Network Advertising Initiative: http://www.networkadvertising.org/choices/

-Digital Advertising Alliance: http://www.aboutads.info/choices/

When you opt out of personalized advertising, you may continue to see online advertising on the Site and/or our ads on other websites and online services.

We recommend that you leave cookies "turned on" so that we can offer you a better shopping and Website experience. Most browsers have options that allow you to choose which cookies may be placed on your device, alert you when cookies are being sent, and to delete or disable cookies. Please note though that setting a browser to reject cookies may limit your experience on the Website. The Website does not respond to browser do-not-track signals.

 

HOW DO WE USE YOUR INFORMATION?

We use information for internal and service-related purposes, including to provide and improve the Website and any of our products and services. For example, we may use your personal information to provide the products and services that you have ordered or requested, to process and ship orders, to provide customer service, to send you direct mail marketing communications (e.g., a catalog), to provide other services to you, and to personalize the Website, our communications with you, and your shopping experience. Your information also may be used to contact you about sales, new products and services (from us or others), new Website features, special offers, and personalized offers based on your address or general location based on your computer’s IP Address, unless you have opted to not receive promotional communications. We may also combine your offline purchase history data with personal information we collect online so that we may effectively market our products and services to you. Combining data allows BIOS Marketing to update and correct the information contained in our database and to provide you with product recommendations and special offers.

We use non-personally identifiable Usage Information to help us determine how people use parts of the Website and who our visitors are. This allows us to improve our Website and ensure that it is as appealing as we can make it for as many people as possible. We may combine Usage Information about you with other information, including personal information, about you in order to personalize the Website and our communications with you and to provide you with information that may be of interest to you.

 

HOW DO WE SHARE YOUR INFORMATION?

Except as described in this Statement, we will not disclose your personal information outside of BIOS Marketing without your consent. We may, however, share the personal information we collect about you in limited circumstances, including:

- With third-party service providers. For example, we may share your information with third party service providers for purposes including, without limitation, payment and order processing; market research; fraud protection; data analysis; email management; and stocking and shipping services. These service providers have access to such personal information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of your information.

- With our parent company and affiliates. To provide and improve the Website, we may implement features together with our parent company and affiliates which permit their access to personal information about users for the purpose of implementing the features. For example, they have access to user account registration information so Website users can participate in a global account log-in feature.

-With other partners for their marketing purposes. In connection with the distribution of our marketing materials, we may rent, exchange, share with cooperative databases or other partners and/or cross-reference certain information, including customer names, mailing addresses, and purchase history information, to our select partners that will enable them to contact you regarding products and services that may be of interest to you. You may opt-out of having your personal information incorporated into these cooperative databases or shared with these other partners by clicking here.

-With law enforcement agencies, governmental officials or other third parties as required by law and when we believe that disclosure is necessary to protect our rights or property and/or comply with a judicial proceeding, court order, or legal process served.

-If we believe in good faith that the disclosure of information is necessary to protect the personal safety of BIOS Marketing employees, customers or the public, and to enforce our Privacy Statement and Terms of Use.

-With other business entities, should we plan to merge with or be acquired by that business entity or in connection with a partial or total sale of assets, bankruptcy, or other corporate change.

-When you otherwise consent or direct us to share your information with third parties.

 

WHAT STEPS ARE TAKEN TO HELP SECURE PERSONAL INFORMATION?

An athlete can’t play without confidence, and you shouldn’t order from a company that doesn’t follow secure data practices. Our goal is to deliver performance to you in every way. That includes information security. We use reasonable security procedures to protect your information. However, no data transferred over the Internet is guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of your information and you understand that any information that you transfer or transmit to us is done at your own risk. Personal information collected at our Website is stored in secure operating environments that are not available to the public. To protect the security of your information during transmission, we may use Secure Sockets Layer (SSL) software, which encrypts information you input. Most browsers will give a visual indication of when your connection is secure; for example, Internet Explorer will show a padlock icon in the lower right of the browser window.

If you place an order through our Website, you may have the option to set up an account and provide an email address and password. In order to help protect your personal information, you should be careful about providing your password to others. If you wish to cancel your account, or if you become aware of any loss, theft or unauthorized use of your password, please contact Customer Service immediately. Please refer to the last section of this Statement ("How to Contact Us") for contact information.

 

CHILDREN’S PRIVACY

We do not knowingly collect or solicit personal information from children under 13. We recommend that children between the ages of 13 and 18 obtain their parent’s or guardian’s permission before submitting information over the Internet. By using the Website, you are representing that you are at least 18 years old or that you are at least 13 years old and have permission. If you believe that your child under the age of 13 or between the ages of 13 and 18 without permission has provided his or her personal information to us, please notify BIOS Marketing immediately.

 

LINKS TO THIRD PARTY WEBSITES

Our Website may contain links to third party websites. Our Statement does not apply to the practices of other websites and BIOS Marketing is not responsible for the actions and privacy policies of third parties. We encourage you to be aware of when you leave our Website and to read the privacy policies of each website that you visit.

 

CAN BIOS Marketing USE INFORMATION THAT I SHARE IN PUBLIC AREAS, CHAT ROOMS, AND NEWSGROUPS?

Please remember that any information you share in public areas, such as message boards or feedback sections, becomes public. This Statement does not apply to any information you choose to make public. Please be careful about what you disclose and do not post any personal information that you expect to keep private.

If you post information about yourself or others or communicate with others using our Website, please note that we cannot control who reads your postings or what they do with the information you provide. We encourage you to use caution in posting personal information to the Website.

 

HOW DOES THIS STATEMENT APPLY TO INTERNATIONAL USERS?

The Website that links to this Statement is intended for users in the United States. If you choose to provide BIOS Marketing with your information, you consent to the transfer, storage, and processing of that information on our servers located in the United States and around the world. The information collected by BIOS Marketing may be subject to international and U.S. state and federal law. If you are accessing our Website from outside the U.S., please be advised that you are transferring your personal information to us in the United States where data protection and privacy laws may be different than the laws of your country. By using our website, you consent to the transfer and use of your personal information in accordance with this Privacy Statement.

 

ACCESS TO INFORMATION

You may be entitled to access personal information held about you, subject to certain exemptions in accordance with the applicable data protection law. Any access request may be subject to a fee. You may exercise the right at any time by contacting us, by clicking here and including "personal information request" in the subject line.

 

WHAT IS THE SECURE SHOPPING GUARANTEE?

We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure. We’ve established a Secure Shopping Guarantee for every transaction that you make with the Website. Should any unauthorized charges appear on your credit card as a result of shopping on the Website, you must notify your credit card provider in accordance with its reporting rules and procedures. If you have more questions regarding our Statement, you can call one of our Customer Service representatives at the information listed at the end of the Statement.

 

APPLICABLE LAW AND JURISDICTION

New York State Law governs the interpretation of this Statement and applies to claims for breach of them regardless of conflict of laws principles. Both parties consent to exclusive jurisdiction and venue in courts of the State of New York. Both parties waive all defenses of lack of personal jurisdiction and forum non-conveniens.

 

CHANGES TO THIS STATEMENT

We will update this Statement as needed to reflect changes in our services and customer feedback. When we post changes to this Statement, we will revise the "last updated" date at the top of the Statement. If there are material changes to this Statement or in how BIOS Marketing will use your personal information, we will notify you by prominently posting a notice of such changes prior to implementing the change. We encourage you to periodically review this Statement to remain informed of how BIOS Marketing is protecting your information.

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