Datenschutzerklärung

1. Introduction and Overview.

This Privacy Policy describes how BEMER Int. AG and its international subsidiaries and any other affiliated companies (together "BEMER," "we," "our," or "us") collects, uses, and shares information about you and applies to your use of any online service location that posts a link to this Privacy Policy and all features, content, and other services that we own, control and make available through such online service location (collectively, the "Service"). This Privacy Policy does not apply to our information collection activities outside of the Service (unless otherwise stated below or at the time of collection).

By using the Service, you agree to our collection, use and disclosure practices, and other activities as described in this Privacy Policy. If you do not agree and consent, discontinue use of the Service.

2. Information Collection.

A. Information You Provide.

We and our Service Providers (defined below) may collect information you provide directly via the Service. For example, we collect information when you search for a local independent BEMER distributor ("IBD"), use our contact form, register for or log-in to an account, add items to your shopping cart, sign up to be an IBD, purchase a product, access our Backoffice system, or otherwise communicate or transact with us through the Service.

The information we collect may include Personal Information. "Personal Information" is information that identifies you personally (whether alone or in combination), such as your first and last name, date of birth, gender, e-mail address, phone number, postal address, Social Security number, and payment information. You may choose to voluntarily submit certain other information to us through the Service, including Personal Information, but you are solely responsible for your own Personal Information in instances where we have not requested that you submit such information to us.

Personal Information, once "de-identified", is not subject to this Privacy Policy and we and our Service Providers may treat it as non-Personal Information and use it without obligation to you except as prohibited by applicable law.

B. Information Collected Automatically.

We and our Service Providers may automatically collect certain information about you when you access or use the Service ("Usage Information"). Usage Information may include IP address, device identifier, browser type, operating system, data regarding network connected hardware, and information about your use of the Service. To the extent that we combine Usage Information with your Personal Information, we will treat the combined information as Personal Information under this Privacy Policy.

The methods that may be used on the Service to collect Usage Information include:

  • Log Information:

Log information is data about your use of the Service, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.

  • Information Collected by Tracking Technologies:

Cookies, web beacons (also known as "tracking pixels"), embedded scripts, location-identifying technologies, device fingerprinting, and other tracking technologies now and hereafter developed ("Tracking Technologies") may be used to collect information about your interactions with the Service or e-mails, including information about your browsing and activity behavior.

  • Cookies

A cookie is a small text file that is stored on a user’s device, which may be a session ID cookie or tracking cookie. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies help in understanding how you use the Service, and remain longer. The Service may associate some or all of these types of cookies with your devices. Cookies may remain on your device for extended periods of time.

For more information on cookies, please see our Cookie Policy.

  • Web Beacons ("Tracking Pixels")

Web beacons are small graphic images, also known as "internet tags" or "clear gifs," embedded in web pages and e-mail messages. Web beacons may be used to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.

  • Embedded Scripts

An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Service, and deleted or deactivated thereafter.

  • Location-identifying Technologies

Location-aware technologies may locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.

Some information about your use of the Service and certain Third Party Services (defined below) may be collected using Tracking Technologies across time and services and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain Third Party Services.

For further information on Tracking Technologies and your choices regarding them, please see "Third Party Services, Features, and Devices" and "Your Choices" below.

C. Information from Other Sources.

We may obtain information about you from other sources, including Service Providers and Third Party Services, and combine such information with information we have collected about you. For example, we may obtain information about you from IBDs. To the extent we combine such third party sourced information with Personal Information we have collected about you on the Service, we will treat the combined information as Personal Information under this Privacy Policy. We are not responsible for the accuracy of any information provided by third parties or third party policies or practices.

3. Use of Information.

We may use information about you, including your Personal Information, for any purposes consistent with our statements under this Privacy Policy or as permitted by applicable law, including to:

  • Manage our Service, including your registration and accounts and order processing;
  • Transact business with you and fulfill your product and order requests;
  • Process your application to become an IBD;
  • Provide customer service and IBD assistance;
  • Respond to your comments, questions, and requests;
  • Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages;
  • Conduct research, including focus groups and surveys;
  • Improve the Service or other BEMER websites, marketing efforts, products and services;
  • Send you advertisements and communicate with you regarding our and third party products, services, offers, promotions, rewards and events we think you may be interested in (for information about how to manage these communications and marketing efforts, please see "Your Choices" below); and
  • Prevent and address fraud, breach of policies or terms, and threats or harm;
  • Monitor and analyse trends, usage, and activities;
  • Fulfill any other purpose disclosed at the time you provide Personal Information.

4. Sharing of Information.

Our agents, vendors, consultants, and other service providers (collectively "Service Providers") may receive, or be given access to your information, including Personal Information and Usage Information, in connection with their work on our behalf. These Service Providers are prohibited from using your Personal Information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes.

We may also share information about you with third parties for any purposes consistent with our statements under this Privacy Policy or as permitted by applicable law, including as follows:

  • To comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements;
  • To protect the rights, property, life, health, security and safety of us, the Service or any third party;
  • In connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company;
  • With our affiliates for internal business purposes;
  • With our affiliates, business partners, and other third parties for their own business purposes, including their ability to provide their services to you and for direct marketing purposes;
  • For purposes disclosed at the time you provide Personal Information; and
  • With your consent or at your direction.

Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose.

5. Public Information

If you make information public through our Service or a Third Party Service that references our Service, such as by tweeting or updating your status along with a hashtag associated with BEMER, that information may be used on or in connection with our Service. Please think carefully before making information public. Any information you make public is not treated as Personal Information under this Privacy Policy, and you are solely responsible for that information.

6. Third Party Services, Features, and Devices.

Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties ("Third Party Services"). In addition, our Service contains features that allow you interact with, connect to, or access our Service through certain Third Party Services and third party devices ("Third Party Features"). For example, you interact with a Third Party Service when you link or access your e-mail account through our Service. Remember that third parties may use Tracking Technologies to independently collect information about you and may solicit Personal Information from you. Also, if you use a Third Party Feature, both we and the applicable third party may have access to and use information associated with your use of the Third Party Feature.

Our Service also contains Tracking Technologies operated by third parties. For example, analytics services, such as Google Analytics, may use Tracking Technologies on our Service to help us analyze your use of the Service, compile statistic reports on the Service’s activity, and provide other services relating to Service activity and internet usage. Similarly, ad serving services, advertisers, and other third parties may use Tracking Technologies on our Service and Third Party Services to track your activities across time and services, and tailor ads to you based on your activities, which may include sending you an ad on a Third Party Service or third party device after you have left the Service ("Interest-based Advertising").

The information collected and stored by third parties, whether through our Service, a Third Party Service, or a third party device, remains subject to their own policies and practices, including what information they share with us, your choices on their services and devices, and whether they store information in the U.S. or elsewhere. We are not responsible for and make no representations regarding third party policies and practices, and encourage you to familiarize yourself with and consult their privacy policies and terms of use. To the extent we combine information we receive from third parties with Personal Information we collect directly from you on the Service, we will treat the combined information as Personal Information under this Privacy Policy.

For further information on Tracking Technologies and your choices regarding them, please see "Information Collected Automatically" above and "Your Choices" below.

7. Your Choices.

A. Accessing Your Information.

You may access, update, or remove certain account information that you have voluntarily submitted to us through the Service by sending an e-mail to ibd-support@bemer.services. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

B. Tracking Technologies Generally.

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Please be aware that if you disable or remove cookies some parts of the Service may not work, and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no industry consensus as to what site operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to "Do Not Track" signals or other mechanisms. For more information on "Do Not Track," visit http://www.allaboutdnt.com.

C. Analytics and Advertising Tracking Technologies.

You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

You may choose whether to receive Interest-based Advertising by submitting opt outs. Some of the advertisers and Service Providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices. Some of these companies may also be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt out options for their members, see http://www.networkadvertising.org/choices/. EU residents should see http://www.youronlinechoices.eu/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). BEMER is not responsible for effectiveness of, or compliance with, any third-parties’ opt out options or programs or the accuracy of their statements regarding their programs.

D. Communications.

By providing your phone number and using the Service, you hereby affirmatively consent to the use of your phone number by us and our local distributors for ongoing calls and text messages (including prerecorded and/or by automatic telephone dialing systems) in order to address your questions, technical queries, or requests to become an IBD.

You can opt out of receiving certain communications (e-mails, calls, text messages) from us at any time by (i) for e-mails, following the instructions as provided in e-mails to click on the unsubscribe link or by sending an e-mail to ibd-support@bemer.services with the word UNSUBSCRIBE in the subject field of the e-mail; (ii) for calls, asking that we stop calling you during any call you receive or by sending an e-mail to the aforementioned email address and specifying you want to opt-out of calls; and (iii) for text messages, texting "STOP" in response to any text message you receive or by sending an e-mail to us and specifying you want to opt-out of text messages. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions or, for e-mails, non-promotional communications, such as those about your account, transactions, servicing, or our ongoing business relations. You understand that we may send you a text message confirming any opt-out by you.

8. Your European Privacy Rights.

If you are a resident of the European Economic Area and would like us not to process your Personal Information (or provide it to third parties to process) for direct marketing purposes, please e-mail us at compliance@bemer.services or send us a letter to Bemer USA, LLC, Attn: General Counsel, 1989 Palomar Oaks Way, Suite A, Carlsbad, CA 92011. We will make the requested changes in our active databases as soon as reasonably practical.

9. Children.

The Service is intended for a general audience and not directed to children under thirteen (13) years of age. BEMER does not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act ("COPPA") in a manner that is not permitted by COPPA. If you are a parent or guardian and believe BEMER has collected such information in a manner not permitted by COPPA, please e-mail us here or send us a letter to Bemer USA, LLC, Attn: General Counsel, 1989 Palomar Oaks Way, Suite A, Carlsbad, CA 92011, and we will remove such data to the extent required by COPPA.

10. Data Security.

We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information collected through our Service.

11. International Transfer.

Bemer USA, LLC is based in the U.S. and the information we and our Service Providers collect on certain parts of the Service is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Policy.

12. Changes to this Privacy Policy.

We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Service indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice, to your Bemermail e-mail address.

Contact Us.

If you have any questions or comments about this policy, please e-mail us at compliance@bemer.services or send us a letter to Bemer USA, LLC, 989 Palomar Oaks Way, Suite A, Carlsbad, CA 92011.