OBTAYN respects your privacy and is committed to protect your personal data. This privacy notice will inform you how we treat your personal data and will tell you about your privacy rights and the way the law protects you.
Purpose of this Privacy Notice
This privacy notice aims to provide you with information about how OBTAYN collects and processes your personal data when you use this website or our services, including the data that you may provide through this website when you register to our newsletter, purchase a product or service or take part in a competition. It is important that you read this privacy notice as well as any other privacy notice or fair processing notice that we may provide on specific occasions when we collect or process personal data about you so that you can be fully aware of how and why we use your data. This privacy notice supplements the other notices and is not intended to replace them. It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us.
HOW IS YOUR PERSONAL DATA COLLECTED
We use different methods to collect the data from and about you, including through:
- Direct interactions. You can give us your Identity, Contacts and Financial Data by filling out forms or by contacting us by mail, phone, e-mail or otherwise. This includes the personal data you provide when you join us to:
- request our products or services;
- create an account on our website;
- subscribe to our service or our publications;
- request a marketing tool to be sent to you;
- participate in a contest, promotion or survey; or also
- give us your feedback.
- Automated technologies or interactions. As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites using our cookies. For more details, please check our cookies policy.
THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, refers to any information about a person from which that person can be identified. It does not include the data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different types of personal data about you which we have grouped together as follows:
- Identity data includes the first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact data includes billing address, delivery address, e-mail address and telephone numbers.
- Marketing and communications data includes your preferences regarding the marketing you receive from us and our third parties and your communications preferences.
- Financial data includes details about the bank account and payment card.
- Transaction data includes details of payments made to you and from you and other details about the products and services you have purchased from us.
- Technical data includes the Internet Protocol (IP) address, your connection data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technologies on the devices you use to interact with or access this website.
- Profile data includes your Member ID number, any purchases or orders you have made, your interests, preferences, feedbacks, and survey responses.
- Usage Data includes information about how you use our website, products and services.
We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law because such data does not reveal directly or indirectly your identity. For example, we may combine your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy statement.
We may collect special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to do so. Most often, we will use your personal data in the following circumstances:
- When we need to execute the contract that we are about to conclude or have concluded with you;
- When this is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not prevail over these interests;
- When we have to comply with a legal or regulatory obligation;
Generally, we do not rely on the consent as a legal basis for processing your personal data, except for the issues related to sending direct marketing communications to third parties by email or SMS. You have the right to withdraw your marketing consent at any time by contacting us.
LIMITATION OF LIABILITY
- 1 Nothing in these Terms shall limit or exclude OBTAYN’s liability for:
- death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
- (b) fraud or fraudulent misrepresentation.
- GENERAL TERMS
- 1 Privacy and data protection
- The Services and your Membership are subject to the OBTAYN privacy policy, incorporated into these Terms by reference and set out at the following web address: Privacy Policy which applies at all times with respect to the data that we collect from you.
- 2 Assignment and subcontracting:
- OBTAYN may at any time assign, transfer, invoice, subcontract or deal in any other manner with all or part of its rights under these Terms and may subcontract or delegate in any way any or part of its obligations under these Terms to any third party or agent.
- (b) The Member shall not, without the prior written consent of OBTAYN, assign, transfer, invoice, subcontract or deal in any other manner with all or part of its rights or obligations under these Terms.
- 3 Waiver:
- A waiver of any right under these Terms is only effective if it is in writing and shall not be considered a waiver of any subsequent breach or default. No failure or delay by any party in exercising any right or remedy under these Terms or by the law shall constitute a waiver of that right or any other right or remedy, nor does it prevent or limit its subsequent exercise. No single or partial exercise of such right or remedy will prevent or limit the subsequent exercise of this right or any other right or remedy.
- (b) Unless expressly provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.
- 4 Indemnities:
- If a court or any other competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part of that provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
- (b) If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if any part of it is removed, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
- 5 Variation: OBTAYN may change these Terms from time to time and will notify you of any changes in a timely manner. Notification will be by all or part of the following means: OBTAYN newsletter, website, email or telephone. Your continued use of your membership shall constitute an acceptance of such variations of these Terms.
- 6 No Partnership: Nothing in these Terms is intended to or shall be deemed to constitute a partnership or joint venture of any kind between one of the parties, nor does it constitute a party from the agent of another party for any purpose. No party shall have the authority to act as an agent for, or to bind, the other party in any way.
- 7 Third Parties: A person who is not a party to these Terms shall have no rights under these Terms or in connection with them.
- 8 Governing law and jurisdiction: These Terms and any dispute or claim arising out of them or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with ??? ?????????