Privacy Policy

1. SCOPE

    1. This privacy policy (the “Privacy Policy)” comprise all Services from: 

bodydox ApS
Skydebanegade 40, 4. th.
DK-1709 Copenhagen
(”bodydox”, “we”, “our”, “us”, etc.)
to the Customers. 

    1. This Privacy Policy describes the types of Personal Data we collect, how we process such Personal Data, and who you can contact, if you have any questions or comments about this Privacy Policy. 
    2. The Privacy Policy describes our processing of Personal Data as Data Controller of Personal Data. Our processing of Personal Data on behalf of Customers, as Data Processor, is regulated by the Data Processing Agreement. See also clause 3 of this Privacy Policy.

2. DEFINITIONS

    1. Terms and expressions with capital first letters used in this Privacy Policy shall have the meanings set out in this clause 2.
    2. Customer”, “you”, “yours” etc.  shall mean a free trial user or subscriber of Services provided by bodydox.
    3. Data Controller” and “Data Processor” shall mean “controller” and “processor” respectively as defined in the GDPR.
    4. Data Processing Agreement” shall mean the Data Processing Agreement entered into between the Customer and bodydox in connection to the Customer’s free trial of or subscription to the Services.
    5. Personal Data” shall mean any information relating to an identified or identifiable natural person (‘data subject’); 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. 
    6. Services” shall mean all services rendered by bodydox to the Customer, including, but not limited to, bodydox’ provision of license to use the Services and other IT tools or software programs developed by bodydox, hosting of data, support and helpdesk services etc.
    7. Service Period” shall mean a subscription period of 1 month. The first “Service Period” commences on the date where the Customer subscribe to bodydox’ Services other than a free trial period.  
    8. Subscription Date” shall mean the date on which the Customer signs up to a subscription to the Services or a free trial period.

3. RESPONSIBILITY

    1. Protecting your Personal Data is our highest priority regardless of whether such Personal Data relates your use of our Services, website or other correspondence between you and bodydox. 
    2. You are welcome to contact us if you have any questions to this Privacy Policy or our processing of Personal Data in general. See clause 15 for contact information.

4. DATA PROCESSING ON BEHALF OF CUSTOMERS

    1. With respect to all Personal Data entered, transferred or stored on behalf of the Customers in the databases of bodydox or third-party suppliers related to bodydox’ provision of Services, the Customer is the Data Controller, and bodydox is the Data Processor. 
    2. Bodydox’ processing of Personal Data on behalf of the Customer in relation to the Services, is regulated by the Data Processing Agreement, which the Parties enter into upon the Customer’s subscription to the Services or a free trial period. 

5. CATEGORIES OF PERSONAL DATA

    1. Personal Data includes information that can be used to identify you as an individual. Examples are: Name, contact details and IP address. If you sign up to a free trial, we will ask you to provide us with certain personal identifiable information that can be used to identify you, including:
      • Email address
      • First and last name
      • Username
    2. If you subscribe to our Services, we will ask you for your payment information, including bank account number, which is also categorized as Personal Data.
    3. When you use our website, www.bodydox.com, we collect information about your use of our website through so-called “cookies”. See clause 11 of this Privacy Policy for further information. 

6. OUR PURPOSES FOR PROCESSING OF PERSONAL DATA

    1. We process the Personal Data we collect to:
      • Fulfil our agreement with you, including provide our Services to you or take steps on your request;
      • Notify you about changes in our Services, Terms and Conditions or this Privacy Policy;
      • Provide analysis or valuable information so that we can improve our Website and IT tool.
      • Monitor the use of our website and Services;
      • To contact you for feedback about our Services;
      • To contact you for our own marketing and promotional purposes (if you have provided your consent); 
      • Detect, prevent and mitigate technical issues;
      • Comply with legal obligations;
      • Establish, exercise or defend against legal claims and to protect and defend the rights or property of bodydox;
      • Prevent or investigate possible wrongdoing in connection with our website or Services and protect the personal safety of users of our website or IT tool or the public.

7. TRANSFER OF PERSONAL DATA

    1. Personal Data may be transferred to and maintained on servers located outside of your state, province, country or other governmental jurisdiction where the national data protection laws may differ from those of your jurisdiction.
    2. If you are located outside of Denmark, please note that we transfer Personal Data to and process Personal Data from Denmark. We have signed a legally binding contract with our hosting provider ensuring your Personal Data is protected from unauthorized use, transfer or deletion. See clause 10 in this Privacy Policy.
    3. Before transferring Personal Data to a third country or an international organization outside the EU/EEA, we will assess whether such transfer of Personal Data ensures an adequate level of protection of the Personal Data. We will ensure that the transfer is in accordance with rules on transfers of Personal Data to third countries or international organizations in the GDPR and the Danish Data Protection Act, including, where necessary, entering into data processing agreements with our Data Processors (see clause 8) on the basis of the European Commission’s standard contractual clauses for data transfers between EU and non-EU  countries or according to the EU-US Privacy Shield Framework.

8. OUR USE OF DATA PROCESSORS

    1. We may employ third-party suppliers located in the EU or the US to facilitate, service or analyze the use of our website or Services or for data hosting and storage.
    2. These third-party suppliers are located in the EU or the US and will only have access to your Personal Data if necessary to perform the agreed tasks. We will ensure that third parties with access to Personal Data are obligated not to disclose or use the Personal Data for any other purposes than to perform the agreed tasks. 
    3. If the third-party suppliers act as Data Processors and process Personal Data on our behalf, we will make sure to enter into data processing agreements with the Data Processors, before the Data Processors carry out any processing of Personal Data on our behalf.

9. STORAGE OF YOUR PERSONAL DATA AND DELETION

    1. In accordance with the general principles of storage limitation set out in the GDPR, we will only keep your Personal Data for as long as necessary. The storage (or retention) period depends on the nature of the information and the background for storage. It is therefore not possible to specify a specific time frame for deletion of Personal Data in each case in this Privacy Policy. However, we have described our general retention rules in clause 9.2 below.
    2. Generally, we process Personal Data about Customers for a period of up to three (3) years from effective termination of the Customer’s use of our Services. However, Personal Data related to payments must be kept for five (5) years + the current calendar year after the end of the accounting year according to Danish rules on bookkeeping. Personal Data may be stored for a longer period if the Personal Data is needed in order to establish, exercise or defend a legal claim

10. SECURITY MEASURES

    1. We have taken technical and organizational measures to prevent your information from being accidentally or illegally deleted, disclosed, lost, impaired, misused or otherwise violated by law. 
    2. In short, we are HIPAA compliant. We use encryption of data which means that all data transmitted between your device and our servers is unreadable to outsiders. To access your account, you need your personal username and password and must go through our authentication process. We host all data on up-to-date Windows servers that are protected against unauthorized access by a firewall. Our servers are backed up every 24 h.
    3. We have internal rules on information security. We have adopted internal rules on information security that contain instructions and measures which protect Personal Data from being destroyed, lost or modified, from unauthorized disclosure, and against unauthorized access or knowledge of them. We will ensure that collected Personal Data are treated with care and protected according to applicable safety standards. We have strict security procedures for collecting, storing and transferring Personal Data to prevent unauthorized access and compliance with applicable laws.
    4. The security of your data is very important to us, but remember that no online transmissions, or method of electronic storage is 100 % secure. While we strive to use commercially validated means to protect your Personal Data, we cannot guarantee its absolute security.
    5. We assess the risk of our processing of Personal Data on an ongoing basis.

11. COOKIES

    1. We use cookies and similar tracking technologies to track the activity on our website and IT tool. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from our website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information.
    2. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our website.
    3. By using our website, you provide your consent to the use of cookies as described in this Privacy Policy. If you no longer wish to consent to the use of cookies, you can deselect and delete the cookies by modifying the settings in your browser (see clause 12.2)
    4. Types of cookies
      • Session cookies and Persistent cookies. There are two types of cookies – session cookies and persistent cookies. Session cookies are bits of information that are erased when you close your web browser. Persistent cookies are bits of information that are stored on your computer until they are erased. Persistent cookies erase themselves after a certain period of time but are renewed each time you visit www.bodydox.com. Our website uses both session cookies and persistent cookies.
      • “Own” cookies and third-party cookies. Cookies can be placed on www.bodydox.com by bodydox itself or by third parties such as Google or Facebook (see below for information about the use of Google Analytics). 
    5. Purposes
      • Session cookies. We use session cookies to operate this website and our IT tool. 
      • Persistent cookies. We use preference cookies to remember your preferences and various settings and security cookies for security purposes.
    6. Google Analytics. 
      • We use Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our website. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
    7. Social media. We use social media buttons to allow you to connect with your social network. For these to work the following social media sites Facebook, LindkedIn, Instagram and Twitter, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
    8. Deletion of cookies
      • Most browsers allow you to erase cookies from your hard drive, block all cookies or receive a warning before a cookie is stored. You must be aware that in such case services and features cannot be used by you because they require cookies to remember choices you make.
      • You can opt-out of having made your activity on the service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page.
    9. Links to other websites
    10. Our website may contain links to other sites that are not operated by bodydox. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit.
    11. We have no control over and assume no responsibility for the contents, privacy policies or practices of any third-party sites or services.

12. CHILDRENS’ PRIVACY

    1. Our Service does not address anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

13. YOUR RIGHTS

    1. You have certain rights related to our processing of your Personal Data according to the GDPR. 
    2. In short, your rights include:
    3. Right of access. You are entitled to be informed whether any Personal Data about the subject is being processed and if so, obtain access to the Personal Data.
    4. Right of data portability. You are entitled to receive Personal Data that you have provided to bodydox (this data must be provided in a structured, commonly used and machine-readable format).
    5. Right to rectification. You are entitled to obtain rectification of incorrect Personal Data.
    6. Right of deletion. You are (with certain limitations), entitled to request erasure of Personal Data by us without undue delay. 
    7. Right to object. You are entitled to object to the processing of your Personal Data, namely if the processing of your Personal Data includes profiling or if the processing is based on the assessment of our interest in processing your Personal Data)
    8. Right to restriction of processing. You are entitled to obtain a restriction of the processing of your Personal Data, namely if you contest the accuracy of the Personal Data, or where a request to be deleted cannot be accommodated, e.g. due to bodydox’ need to keep the Personal Data for the establishment, exercise or defense of legal claims.
    9. Please note that the above-mentioned rights will only be individually fulfilled by bodydox in relation to the cases where bodydox is considered as the Data Controller. In situations where bodydox is regarded as the Data Processor, the above-mentioned rights must be fulfilled by the Data Controller.
    10. Inquiries related to your rights according to GDPR can be made to: privacy@bodydox.com.

14. CHANGES TO THIS PRIVACY POLICY

    1. We may update this Privacy Policy. If you have signed up for a free trial or subscribed to our Services, we will notify you of any significant changes. 
    2. You are advised to review this Privacy Policy periodically for any changes. The Privacy Policy available on our website (as updated from time to time) applies to our Services and use of our website.

15. CONTACT INFORMATION

    1. If you have any questions about this privacy policy, please send us an email at privacy@bodydox.com. We will get back to you asap. If you contact us by email you should not include unnecessary Personal Data, and especially not information containing any confidential or special categories of Personal Data, as the email may not be encrypted. We can only ensure encryption on emails that we send from bodydox.

16. SUPERVISION

    1. The Danish Data Protection Agency, inter alia, supervises the compliance with the applicable national regulation on Personal Data. The contact information for the Danish Data Protection Agency is: 

Datatilsynet
Borgergade 28, 5
DK- 1300 Copenhagen K
T: 3319 3200
Email: dt@datatilsynet.dk

 

Version: July 2019