Last Updated: 6 Sept 2018

BioSurplus, Inc. (hereinafter referred to as “BioSurplus”, “we” or “us”) values and respects the privacy of its customers. The following Privacy Policy explains the ways in which BioSurplus uses, stores and protects personal data we collect through the websites and mobile applications linking to this Privacy Policy (collectively, the “Site”). Any breach of this Privacy Policy by a registered buyer or seller on the Site (a “Participant”) may result in termination of usage rights.

The term “personal data” as used in this Privacy Policy shall mean any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more factors specific to you.

For the purposes of the EU General Data Protection Regulation 2016 (the “GDPR”), BioSurplus, Inc. is the controller and responsible for your personal data.

1. Scope of Application

This Privacy Policy applies to data about Participants’ businesses and, more specifically, to personal data supplied by individuals about themselves in their capacity as (a) employees or representatives of Participants or (b) as individual people who are Participants. All these people are referred to herein as “Individuals.” By registering on the Site or making use of any services available through the Site, each Individual gives his or her express consent to the processing of personal data concerning the Individual as outlined below.

2. Changes to This Privacy Policy

Any changes we make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this Privacy Policy.

3. How to Contact Us

If you have any questions or comments regarding our Privacy Policy or the Site, please contact us at info@nullBioSurplus.com, by phone at 858-550-0800, or by post to BioSurplus, Inc., 10805 Vista Sorrento Parkway, Suite 200, San Diego, CA, 92121.

4. How We Collect Personal Data

Information You Provide

In order to register with the Site you must provide certain personal data (such as email address, names and fields of business). In order to submit offers for purchase or sale of equipment to BioSurplus, or in order to take part in an auction, you must also provide the following personal data: phone number; driver’s licence, passport, SSN, VAT or other identification number; billing information including company name, address, contact information and payment card information; and shipping information including address and contact information.

You may also provide personal data when you inquire about our services, subscribe to publications, request a quote or marketing and when you register and attend an event.

Furthermore, when you contact us (online or offline) in connection with a request for information, to access the Site and to provide you with support, we collect personal data necessary to fulfil your request, to grant you access to the Site, to provide you with support and to be able to contact you.

BioSurplus also collects information about the transactions an Individual undertakes, including details of credit cards used, and information in connection with participation in any promotions or competitions offered by BioSurplus.

Information We Collect

Our web servers collect technical information relating to visitors to the Site, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.

We may also collect information about your visit, including pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.

This information may be aggregated to measure the number of visits, average time spent on the Site, pages viewed, etc. We use this information to measure the use of the Site and to improve the content we offer. We may share anonymized experiential information or other data with third parties on an aggregated basis without the use of any information that personally identifies you.

We may combine this information with personal data you give to us and personal data we collect about you. We will use this information and the combined personal data for purposes set out in this Privacy Policy (depending on the types of information we receive).

Cookies

We use cookies to help make the Site more responsive to the needs and interests of Individuals. A cookie is an element of data that a website can send to a user’s browser, and which may then be stored on the user’s system. It can be used to provide the Individual with a tailored user experience, generally in terms of personalized content and promotions.

When you first access the Site from certain jurisdictions, you will receive a message advising you that cookies and similar technologies are in use. By clicking “accept cookies”, closing the message, or continuing to access the Site, you signify that you understand and agree to the use of these technologies. For more information about our practices in this area, please see our Cookie Policy.

5. How We Use Personal Data

BioSurplus will only process personal data in accordance with this Privacy Policy and the applicable law. We use personal data to operate the website and provide our services, including to:

  1. create and maintain your Participant account and to respond to queries, suggestions and requests;
  2. handle and fulfil orders and sales and process accounts such as invoices. This may also include the processing of personal data that we receive from third parties, for example, address data to verify your correct address;
  3. provide after-sales services and to notify you about changes to our services, and to send you service emails relating to the activities you have asked us to undertake on your behalf;
  4. monitor the Site’s performance, utilization of features and services, traffic trends and browser versions;
  5. inform participants about products and services on the Site, conduct direct marketing, or send promotional offers or notices from BioSurplus or third parties, where you have proved your consent if required by the applicable law;
  6. provide credit card information to the appropriate credit card company to complete a Participant’s transaction;
  7. be supplemented with information received from third parties; and
  8. share with other BioSurplus affiliates, business units, employees, contractors, vendors, or partners that process data on BioSurplus’ behalf for the purposes described in this Privacy Policy.

BioSurplus may share information concerning buyers and the assets that they bid for or purchase with selected service providers who may use this information to conduct direct marketing or send promotional materials about their products and services.

6. Transfer of Personal Data

Personal data may be disclosed:

  1. to our affiliated companies;
  2. to our professional advisors such as auditors, accountants and lawyers, etc.;
  3. to third parties in order to comply with any legal or regulatory requirements or in emergencies;
  4. to other users of the Site in connection with selling/buying certain products or product groups;
  5. to trusted third-party service providers who perform services on our behalf in connection with the Site. The services provided by such third parties include services in the following categories: processing payments on our behalf, helping us to provide products or services that you request, sending marketing communications on our behalf, authenticating identities on our behalf, helping us to create or maintain our databases, helping us to research or analyse visitors to our Site and maintaining the security of our Site; or as part of aggregated anonymous BioSurplus user data (not individually identifiable).

7. Transfer of Personal Data Outside of the European Economic Area (“EEA”) and International Individuals

We are headquartered in the United States.  Your data will be accessed by us or transferred to us in the United States or to our affiliates, partners, or service providers who are located worldwide.  If you are visiting the Site from outside the United States, be aware that your personal data may be transferred to, stored, and processed in the United States where our servers are located, and our central database is operated.  By using the Site, you consent to any transfer of this information.

8. Links to Third-Party Websites

The Site may include links to other third-party websites (“Linked Sites”). Unless otherwise agreed between the Individual concerned and BioSurplus, BioSurplus shall not share personal data about Individuals with the operators of such Linked Sites, but may provide aggregated anonymous information regarding Participants to such operators.

9. Disclaimer

Each Individual acknowledges that the information entered in and posted through and on the Site, including, without limitation, items for sale, acceptances and bids may be available to all Participants of an auction on the Site and that BioSurplus cannot guarantee the security of any information disclosed online. Individuals further acknowledge that any information disclosed online inherently is subject to security and privacy limitations.

BioSurplus is not responsible for the privacy practices or the content of the Linked Sites and hereby expressly disclaims all responsibility and liability that may arise therefrom.

BioSurplus is not responsible for the privacy practices of the credit card companies, gives no representation or warranty concerning such companies or the services that they offer and hereby expressly disclaims all responsibility and liability that may arise therefrom.

10. “Do-Not-Track” Signals

We do not respond to web browser “do not track” signals.  As such, your navigation of the Site may be tracked as part of the gathering of quantitative user information described above.  If you arrive at the Site by way of a link from a third party site that does respond to “do not track” requests, the recognition of any “do not track” request you have initiated will end as soon as you reach our Site.

11. Storage Information and Opting Out

Individuals are entitled to request from BioSurplus information concerning:

  1. the kind of personal data that is being stored about them and processed by BioSurplus;
  2. the purposes of processing that information;
  3. the identity of third parties which have been provided with that information; and
  4. the origin of that information.

Furthermore, Individuals may request correction, deletion or blocking of any personal data that is incomplete or incorrect or has not been processed in compliance with the Privacy Policy or the applicable laws, or object to receiving direct marketing materials by sending an email to info@nullBioSurplus.com or by clicking on the unsubscribe link within any marketing message that you receive. To the extent possible and reasonable, third parties that were provided with such information will be informed about any such correction, deletion or blocking. BioSurplus may charge a fee for complying with such requests to the extent permitted under the relevant legislation.

We will store your personal data, in a form that permits us to identify you, for no longer than is necessary for the purpose for which the personal data is processed.  We store your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically and reasonably feasible to remove it.  Otherwise, we will seek to delete your personal data within a reasonable timeframe upon request.

12. Your Californian Rights

For residents of California only.  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 BioSurplus, you may request information about our disclosures of certain categories of Personal Data to third parties for direct marketing purposes.  Such requests can be submitted by sending an email to info@nullBioSurplus.com.

13. European Residents

If you are based in Europe, we will only process your personal data for a purpose described in the Privacy Policy if (1) you have provided your consent (which can be withdrawn at any time), (2) the processing is necessary for the performance of a contract we are about to enter into or have entered into with you, (3) we are required by law, or (4) the processing is necessary for the purposes of our legitimate commercial interests (except where such interests are overridden by your rights and interests).

If you are based in Europe, in certain circumstances you have rights under data protection laws in relation to personal data we hold about you—specifically:

  1. Request access to your personal data.  You may have the right to request access to any personal data we hold about you as well as related information, including the purposes for processing the personal data, the recipients or categories of recipients with whom the personal data has been shared, where possible, the period for which the personal data will be stored, the source of the personal data, and the existence of any automated decision making.
  2. Request correction of your personal data. You may have the right to obtain without undue delay the rectification of any inaccurate personal data we hold about you.
  3. Request erasure of your personal data. You may have the right to request that personal data held about you is deleted.
  4. Request restriction of processing your personal data. You may have the right to prevent or restrict processing of your personal data.
  5. Request transfer of your personal data. You may have the right to request transfer of personal data directly to a third party where this is technically feasible.

Where you believe that we have not complied with our obligation under this Privacy Policy or European data protection law, you have the right to make a complaint to an EU Data Protection Authority.

You can exercise these rights by sending an email to info@nullBioSurplus.com.