BioPointe Privacy Policy
This BioPointe Privacy Policy (the “Privacy Policy”) explains and describes how ec² Software Solutions, LLC (“ec²” and as defined in section 2 below) collects and uses personal information from users (“Users”, “You”, “Your”) of the BioPointe application (referred to as the “App”) and the related service (the “Service”), as further described in the ec²Terms of Service https://www.ec2software.com/biopointe-terms-of-service (the “ToS”), as well as the purpose of such collection and use. When not otherwise defined in this Privacy Policy, capitalized terms have the meaning set forth in the ToS. ec²will use the information You and Your company supply only in accordance with the following provisions (and, where applicable, the ToS).
This Privacy Policy sets forth how to contact ec² if you have any questions about the privacy of your personal information. All Disputes are governed by the terms set forth in the ToS.
This Privacy Policy may be amended by ec²from time to time and You are therefore invited to review it periodically. You will be informed of any substantial change to the Privacy Policy by an in-App notification. If You continue to access and/or use the App and/or Service after the effective date of such changes, then such access and/or use will be deemed an acknowledgement that You read such changes of and an agreement to follow and be bound by the terms as changed. The amended Privacy Policy supersedes all previous notices or statements regarding the App and the Service. ec² recommends that You print out a copy of this Privacy Policy for Your records.
This Privacy Policy applies only to information that You or Your company provide to ec² while accessing or using the App or the Service, and does not apply to any information that ec² has received, obtained or may obtain through third parties, offline or through other means, or any third parties which may obtain information about You from the App or the Service.
- General Provisions and Definitions
In the framework of this Privacy Policy, “Personal Data” means any information relating to an identified or identifiable natural person (an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person).
This Privacy Policy explains what and how ec² collects, processes, uses, stores and protects, and in some cases, shares with third parties, certain Personal Data and usage data related to You when You use the Service (including the App) and as described in the ToS.
This Privacy Policy is intended to assist You in understanding what types of Personal Data ec² may collect and process, how that Personal Data may be used, and with whom the Personal Data may be shared.
The legal entity responsible for the processing of Your Personal Data is ec² Software Solutions, LLC, a Nevada limited liability company, having its registered offices at 3035 E. Patrick Lane, Suite 1, Las Vegas, Nevada 89120. This Privacy Policy sets out the conditions under which ec², as data controller may process Your Personal Data.
In addition, because Your use of the App is part of your employment or work with Your company, You acknowledge that (i) Personal Data relating to You may be collected and processed by Your company (in the location(s) where Your company is located) as data controller for its own purposes, under the terms and conditions of its own separate privacy policy, as the case may be; (ii) Your company is exclusively responsible regarding such collection and processing; and (iii) ec² shall not be liable to You in relation to Your company’s processing of Personal Data.
Please also note that some Personal Data can be collected by ec² through a smartphone. In such case, You acknowledge that (i) Personal Data may be collected and processed by the manufacturer of the smartphone as data controller for its own purposes, under the terms and conditions of its own separate privacy policy, as the case may be; (ii) such manufacturer is exclusively responsible regarding such collection and processing; and (iii) ec² shall not be liable to You in relation to such manufacturer’s processing of Personal Data.
The legal basis for the processing of Personal Data are, depending on the type of processing,:
- How are they collected?
ec² processes Your Personal Data in the framework of the provision of the Service and the App.
The Personal Data collected and processed by ec² encompass the following information:
- Account Data (Personal Data related to You or Your company as provided by You or generated by ec² during the registration procedure to the App and the creation of Your account or when updating the latter – processing based on the necessity to use the App and to perform the Agreement): name, surname, email address, address, voice recognition (optional), languages spoken (optional), mobile and/or fixed phone numbers and password; to which master account Your account is related, language selection, and log of acceptance of legal terms;
- Location Data (processing based on the necessity to use the App and to perform the Agreement – optional): Global Navigation Satellite System data (hereafter “GPS Data”) from Your smartphone (as further specified in section 6);
- Feedback Data (processing based on Your consent): Your and/or your selected third parties’ feedbacks and comments in relation to the delivery in which You were involved;
- Third Party Data (processing based on the necessity to use the App and to perform the Agreement – optional): name, email address and phone number of Your company, settings of the master account related to recordings of Location Data.
- Other Data (processing based on the necessity to use the App and to perform the Agreement): list of contact persons, type of transport (car, truck), type of delivery, communication of information in case of unexpected activation of the App, content of the question sent to us, logs of deliveries;
- Personal Data related to Your use of the App (“App Data” – processing based on our legitimate interests): ID of the device You use to access the App (MAC address), data on when You use the App and for how long, App pairing number and QR code (if any), information related to Your device’s operating system and type, logs and other data related to deliveries and other messages/communications sent via the App (i.e. date and time of delivery, recipient as the case may be, and content) as well as functionalities available to You, depending on your location (as some functionalities may not be available in some countries).
- Third Party Data
By providing Personal Data about any third party (such as recipients of deliveries), You warrant that You have (i) obtained their prior consent (or have the legal authority to consent on their behalf, e.g. in relation to Your job or work), (ii) informed them of the existence of this Privacy Policy and (iii) secured all the necessary permissions to disclose such Personal Data and allow it to be used for the Service and the App.
The Personal Data that are processed may also include GPS Data, as specified in section 4, defined as data processed in an electronic communications network or by an electronic communications service and indicating the geographical location of the device of an end-user using a publicly accessible electronic communications service. GPS Data processed are the geographical data provided by the GPS system to identify the exact location of the end-user’s device. By authorizing the App to access Your device’s GPS Data which you can do according to Your settings, You consent to the processing of such GPS Data for the purposes of performing the Service via the App, such as identifying Your location, and communication of such location to Your company, when You or the App reports or scans delivery. GPS Data will not be processed for longer than necessary for such purpose, and will not be processed for purposes other than those specified in section 9 of this Privacy Policy. You have the opportunity to withdraw Your consent to the processing of Your GPS Data by disabling the geolocation function on Your device and/or in the App and you also have the possibility to choose how long You want ec² to retain your GPS Data. The App continues to track and collect your GPS Data for up to 3 hours after the App is closed, unless You specifically turn off this setting within the App. PLEASE NOTE HOWEVER THAT DEACTIVATING GPS DATA WILL SIGNIFICANTLY AFFECT THE CORRECT PROVISION OF THE SERVICE AND/OR THE EFFICIENCY OF THE APP WITH RESPECT TO THOSE FUNCTIONALITIES BASED ON LOCATION AND/OR MAY SEVERELY IMPEDE THE PURPOSE OF THE APP.
ec² also has (where applicable) the ability to use network-based techniques utilized through the carriers network infrastructure to identify the location of a mobile device (triangulation technique). This feature does not use the devices GPS and will only be activated if requested by Your company.
As described in section 4 of this Privacy Policy, ec² does not collect or process any special categories of Personal Data.
ec² does not allow anyone under the age of 18 to create a master account or account within the App.
You undertake to provide us with an accurate representation of Your age and to avoid re-registering with a different age after being previously rejected due to age restrictions, as the case may be.
ec² does not knowingly solicit or collect information from anyone under the age of thirteen (13) and the Service and App are directed at persons 18 years of age or older. If You are under age 18, please do not attempt to register for a master account, App account, or provide any Personal Data to ec². There are no applications or devices in the App which allow for the verification of Your age. All information used to create a master account or App account will be treated as information given by an adult.
If ec² discovers that Personal Data of a child under 13 has been collected, ec² will take reasonable steps to delete such Personal Data. If You are a parent or guardian of a child under the age of 13 and become aware that Your child has provided Personal Data to ec², please contact us support@ec2software.com
ec² collects and processes Personal Data related to You solely for the purposes indicated in this Privacy Policy. The main purposes for which ec² processes Your Personal Data are:
To the greatest extent possible, ec² shall process aggregate data (which is data that does neither identify You nor can be linked to You, such as statistic data), pseudonymized or anonymized data, rather than Personal Data, when the purposes of such processing can be achieved in the same way.
ec² may use Your Personal Data for new purposes which are as yet unforeseen in this Privacy Policy, either on the basis of an applicable statutory permission or of Your consent. In any event, prior to using Your Personal Data for other purposes, ec² will inform You about the changes to this Privacy Policy and, in case of consent-based activities, ec² will provide You with a choice as to accept or not accept these changes. However, if You do not accept the changes, You will not be able to continue to use the App.
ec² may also disclose or use Your Personal Data:
ec² reserves the right to release and/or use all information contained within ec²’s databases, access logs or other records concerning You, including Your Personal Data, if you violate this Privacy Policy, the ToS, and any ec² terms and conditions, or other rules, policies, notices, agreements or guidelines, or if You intentionally or unintentionally partake (or are reasonably suspected of partaking) in any illegal activity, including but not limited to hacking, even without a subpoena, warrant or other court order, and to release such information in response to court and governmental orders, civil subpoenas, discovery requests and as otherwise required by law and/or to initiate ec²’s own legal proceedings. ec² cooperates with law enforcement agencies in identifying those who may be using the Service or App (or any part or parts thereof) for illegal activities. ec² also reserves the right to report any suspected illegal activity to law enforcement individuals or to entities for investigation or prosecution.
- Correction Personal Data Stored by ec²
You cannot access Your Personal Data contained in ec²’s database. ec² will make a good faith efforts to correct such Personal Data at Your request if it is inaccurate or delete such data at Your request if it is not otherwise required to be retained by law or for legitimate business purposes. If you want to change the Personal Data that ec² has for you (i.e., a new email address), please contact us support@ec2software.com or by mail at:
ec² Software Solutions, LLC
Attn: App Privacy Request
3035 E. Patrick Lane, Suite 1
Las Vega, Nevada 89120
Please note in order to protect the security of Your Personal Data, you will be required to properly identify Yourself before ec² can process such a request.
Transfer of Personal Data to Your company
ec² will send Personal Data and Third Party Data to Your company regarding a delivery. Your company will be granted full access to those Personal Data and Third Party Data when a specific delivery has taken place. Your company will also be granted access to Your GPS Data and information regarding the name of the delivery location.
Transfer of Personal Data to subcontractors
To provide You with the Service and operate the App, ec² may use subcontractors and service providers acting on ec²’s behalf, including in relation to hosting and storing Personal Data.
Additional Transfers of Personal Data
Generally, ec² will not transfer Your Personal Data to third parties, except the transfers (i) authorized under applicable law or (ii) as specified in this section 11 or elsewhere in this Privacy Policy.
You also acknowledge the transfer of Your Personal Data in the event ec² sells or transfers all or a portion of its business or assets to a third party.
Finally, given the nature and purpose of the App, ec² may disclose certain of Your Personal Data (in particular Your first and last name, email address, mobile phone number) as well as certain of Your non-personal App data as may be required by law to police and judicial authorities in relation to any problem with a delivery or Your actions or inactions with respect to a delivery.
- Personal Data retention period
ec² will retain Your Personal Data, collected and processed by ec² in accordance with this Privacy Policy, for the duration of the Agreement as specified in the ToS and will delete Your Personal Data within six (6) months following the expiry of the Agreement (unless ec² has a specific legitimate interest in storing Your Personal Data for a longer period, e.g. to the extent the data is required to clarify an alleged infringement of third party rights, to resolve a dispute, or to comply with a legal obligation). Any Personal Data which is contained in ec²’s or any of its subprocessor’s regular backups will not be deleted, provided that any such Personal Data shall remain subject to the confidentiality and data privacy and security terms and conditions of this Privacy Policy until destroyed.
Notwithstanding the foregoing, GPS Data will not be kept longer than chosen by You in Your settings.
- Security and confidentiality of Personal Data
ec² has put in place the required security measures in order to protect the Personal Data processed through the use of the App against accidental or unauthorized destruction, loss as well as illicit or unauthorized modification, use, access and other processing. ec² takes reasonable steps to maintain the confidentiality of Your Personal Data and protect it from unlawful disclosure. ec² will not intentionally make Your Personal Data publicly available.
ec² reserves the right to monitor all network traffic in and to the App to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to any of the App in any manner. Anyone using any of the App expressly consents to such monitoring.
Please be aware that no data transmission over the Internet or which is stored on a computer or device connected to the Internet can be guaranteed to be 100% secure, so while ec² strives to protect your Personal Data, ec² cannot ensure or warrant the security of any information that you voluntarily give to ec².
- Log Files
As is true of most apps, ec² gathers, through the App, certain information automatically and stores it in log files. This information may include IP addresses, smartphone type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or page views.
ec² uses this information, which does not usually identify individual users, to analyze trends, to administer the App, to track users’ movements in the App and to gather demographic information about ec²’s user base as a whole.
- Web Beacons
ec² may use “web beacons,” sometimes referred to as “pixels,” “clear gifs,” or “web bugs,” which is another way (instead of cookies) to help personalize your experience in the App. A web beacon is an electronic image placed in an App that can serve many of the same purposes as those of cookies such as recording Your usage. Web beacons are typically invisible to You and are generally embedded in very small clear graphics files. ec² or its third-party service providers may use web beacons to track the traffic patterns of users from one part of the App to another part of the App.
- Flash LSOs
ec²uses local shared objects, also known as Flash cookies, to store Your preferences such as volume control, or display content based upon what You view in the App to personalize Your experience.
- Do Not Track:
Do Not Track Requests: ec² does not currently have the capabilities to recognize the Do Not Track signals from Internet browsers. Therefore, any selection You make within Your Internet browser will not be applied to the Service. For more information regarding Do Not Track You can visit www.allaboutdnt.org.
- CALIFORNIA RESIDENTS ONLY:
Under California Civil Code 1798.83, ec² currently does not share any Personal Data with third parties for their direct marketing purposes. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of Your Personal Data with third parties. If You reside in California and have provided Your Personal Data to ec², You may request information about ec²’s disclosures of certain categories of Personal Data to third parties for direct marketing purposes. Such requests must be submitted to ec² at one of the following addresses: support@ec2software.com [dedicated California email address] or
ec² Software Solutions, LLC
Attn: App Privacy Request
3035 E. Patrick Lane, Suite 1
Las Vegas, Nevada 89120
Within thirty (30) days of receiving such a request, ec² will provide a list of the categories of Personal Data disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties, if any. This request may be made no more than once per calendar year. ec² reserves the right not to respond to requests submitted other than to the address specified in this Section, requests not labeled or sent properly, or requests that do not have complete information.
- FOR NEVADA RESIDENTS ONLY:
If You are Nevada resident You may, under Nevada law, opt-out by directing a business that operates a website or online service not to sell or license certain personal information that the business has collected or will collect about a Nevada resident. Please note, under Nevada law, ec² does not sell your Personal Data to any third party for resale or license. For more information about how ec² handles and shares your Personal Data or your rights under Nevada law, Nevada Users may contact ec² at support@ec2software.com [dedicated Nevada email address]. Please note, ec² may take reasonable steps to verify your identity and the authenticity of your request.
- Contact Information
If You have any question regarding the collection, processing and use of Your Personal Data by ec² or otherwise related to this Privacy Policy, You can contact ec² by email at support@ec2software.com California residents can also contact ec² by phone at 1-800-851-0025.
BioPointe Privacy Policy v1.0 – Last updated July 6, 2021