1. What this Privacy Policy covers

This Privacy Policy (hereinafter, “Policy”) covers any information about users of our products and services (“You”) that may include personal data as defined by applicable laws and regulations (hereinafter, “Personal information”), which BiOM Software and (or) its affiliated entities, including all entities belonging to the same group as BiOM Software, may obtain when you use any of the BiOM Software websites, programs, products or services, including its search, e-mail, map, storage service or any other program, product or service (collectively, the “Services”), information about which you can find on mp3audiobookplayer.com, and other BiOM Software websites (collectively, the “Sites”), and as well as during the performance of any contract or agreement BiOM Software concludes with you in relation to your using the Services. Also, Personal information can be obtained by BiOM Software through its partners (“Partners”), such as advertising partners or taxi service providers, who provide you with access to or let you use websites, programs, products or services owned or operated by them. Partners can provide Personal information to BiOM Software only as stipulated by applicable laws and regulations and in accordance with special agreements between BiOM Software and each of the Partners.

Please note that your using any of the Sites and/or Services may be subject to additional terms and conditions, which may amend and/or supplement this Policy and (or) include specific privacy terms in relevant parts of legal documents for such Sites and/or Services.

2. Who processes your personal information

To provide you with access to the Sites and Services, your Personal information is collected and used by BiOM Software which may include BiOM Software, a company incorporated under Moldova law, or its affiliates for particular Services or in specific jurisdictions. You can find information about the entity, which provides the particular Service in the relevant Service’s terms of use.

3. What is the purpose of this Policy

Privacy and security of your Personal information are extremely important to us. When you use the Sites and/or Services, BiOM Software processes your Personal information and ensures its protection in strict compliance with applicable laws and regulations.

As part of our commitment to protecting your Personal information, we use this Policy to transparently inform you about the following:

(a) why and how your Personal information is collected and used (also, “processed”) by BiOM Software when you access the Sites or Services;

(b) BiOM Software’s role and responsibilities in this context as the legal entity deciding why and how your Personal information is processed;

(c) what instruments you may use to limit the amount of Personal information collected by BiOM Software; and

(d) what your rights are in relation to the above processing.

4. What type of Personal information is collected by BiOM Software

Personal information collected when you use the Sites and/or Services may differ depending on whether you access the Sites or Services while logged in to your BiOM Software user account or without logging in. When you are logged in to your BiOM Software user account as you are using the Sites or Services, Personal information collected by BiOM Software may be collated and combined with other Personal information (such as your identity, contact details, age and gender, if you shared this information with us) collected by BiOM Software in your user account. BiOM Software does not verify Personal information provided by you unless otherwise provided in the Terms of Use or License Agreement of relevant Services, and does not decide the its credibility or whether you have the legal capacity required. However, BiOM Software assumes that the information you provide is true, sufficiently complete and up-to-date.

Personal information collected by BiOM Software when you access, interact with or operate the Sites and/or Services includes:

(i) information provided by you when you register (create) a user account, such as your name, mobile phone number, address and age;

(ii) electronic data (http headers, IP address, cookies, web beacons/pixel tags, browser information, information about your hardware and software);

(iii) date and time of accessing the Sites or Services;

(iv) information related to your activity when using the Sites or Services (e.g. your search history, email addresses of your contacts, content of your emails together with attachments, as well as files stored in BiOM Software systems);

(v) (geo)location information;

(vi) other information about you that needs to be processed according to the terms and conditions of any specific BiOM Software Site or Service; and

(vii) information about you that we may receive from our Partners in accordance with an agreement you made with this Partner and an agreement between BiOM Software and this Partner.

In addition, BiOM Software uses cookies and web beacons (including pixel tags) to collect your Personal information and associate this Personal information with your device and web browser (see Section 11 below).

BiOM Software does not actively collect any sensitive personal data (such as racial origins, political opinions, health or biometric data) unless specified in Terms of Use of relevant Services. However, you may voluntarily provide us which such data and we may process it as part of providing you with our Services (e.g. if you perform search queries related to your health). As we do not know in advance the potentially sensitive nature of the personal data you may provide to us, you must be aware that we may not be able to request your consent with such processing.

BiOM Software does not perform any form of profiling, which has the potential to significantly impact your rights and freedoms in accordance with applicable laws.

5. What are the legal basis for processing your Personal information and the purposes of it

BiOM Software is not allowed to process your Personal information if it does not have a valid legal ground. BiOM Software will therefore only process your Personal information if:

(i) the processing is necessary to perform our contractual obligations towards you including providing you with Sites and/or Services (i.e. providing you with the results of your search query);

(ii) the processing is necessary to comply with our legal or regulatory obligations;

(iii) in case it is provided by applicable law, the processing is necessary for the legitimate interests of BiOM Software and does not unduly affect your interests or fundamental rights and freedoms. Please note that when we process your Personal information on this basis, we will always seek to maintain a balance between our legitimate interest and the protection of your privacy.

Examples of such ‘legitimate interests’ referred in (iii) immediately above are:

(a) to better understand how you interact with our Sites and/or Services;

(b) to enhance, maintaining accessibility, modify, personalize or otherwise improve the Sites and Services for the benefit of all users; and

(c) to offer you other products and services from BiOM Software or other companies which we think can be of interest to you (i.e. personally-targeted advertising).

(iv) for specific purposes or if consent is required under the applicable laws and regulations, we may ask your consent for processing of your Personal information. In those jurisdictions in which consent is the legal basis, you provide such consent by agreeing to use our Sites and/or Services. We hereby inform you, and you hereby acknowledge, that you have no legal obligation to provide us with any Personal Information when you use the Sites or Services, and the provision of it is solely based on your free will. However, you are aware that without the provision of Personal Information, we will not be able to provide you with Services and your use of the Sites will be limited.

BiOM Software always processes your Personal information for a specific purpose and only processes Personal information which is relevant to achieve that purpose. In particular, we process your Personal information for the following purposes:

(i) to provide you with the Sites and/or Services (i.e. delivery of search results in response to your search queries, taking into account your preferences, search history and other Personal information about you available to BiOM Software);

(ii) to provide you with access to your user account, including your email and storage service, if you have an account for these Services;

(iii) to contact you to notify and/or inform you or request information from you in relation to the Sites and Services, or to execute our agreements with you or process your request or application;

(iv) to personalize advertisements and/or commercial offers based on your preferences, search history and other Personal information available to BiOM Software.;

(v) to improve user experience, including offering more relevant search results and more personalised Sites and/or Services, as well as improving other BiOM Software products, applications and services;

(vi) to develop new products, applications and services;

(vii) to protect your rights and the rights of BiOM Software; and

(viii) to collect, process and present statistical data or big data, or perform other research and/or analysis of Personal information.

You can find information about processing of your data obtained by BiOM Software from Google LLC (1600 Amphitheater Parkway, Mountain View, California 94043, United States) in connection with your use of BiOM Software Services containing Google's APIs technology (https://developers.google.com/terms).

6. How BiOM Software protects your Personal information

In most cases, Personal information is processed automatically without access to it by our staff. However, if such access is necessary, your Personal information can be accessed only by those BiOM Software employees whose professional tasks require using this information. To protect your Personal information and ensure its confidentiality, these employees must comply with internal rules and follow protocols for processing Personal information. They are also required to follow all technical and organisational security measures protecting your Personal information.

BiOM Software has also implemented adequate technical and organisational measures to protect Personal information against unauthorised, accidental or unlawful destruction, loss, alteration, misuse, disclosure or access and against all other unlawful forms of processing. These security measures have been implemented taking into account the state of the art of the technology, their cost of implementation, the risks presented by the processing and the nature of Personal information.

7. Who else has access to your Personal information and who is it shared with

7.1 Within the BiOM Software group

BiOM Software may transfer your Personal information to our employees (within the limits set out in Section 6 above). BiOM Software may also transfer your Personal information to its affiliates including other companies of the group to which BiOM Software belongs (the “BiOM Software Group”). Please note that the level of protection of Personal Information in some countries may not be identical to the level required in your jurisdiction, by using the Services you consent to such transfer.

7.2 Outside the BiOM Software Group

BiOM Software may also transfer Personal information to third parties outside the BiOM Software Group to complete the purposes listed in Section 5 above. Please note that the level of protection of Personal Information in some countries may not be identical to the level in your jurisdiction and by using the Services you consent to such transfer. Such third parties may include:

i. Partners, such as media publishers, advertising networks and other partners providing BiOM Software with services related to the placement and display of advertisement on the websites, programs, products and/or services owned or operated by such Partners, taxi companies operating the taxi Services;

ii. Advertisers or other Partners serving targeted advertisement on the BiOM Software Sites or Services; and third parties who process Personal information, such as our (IT) systems providers and/or consultants.

BiOM Software may also transfer Personal information to the following third parties outside the BiOM Software Group:

i. any third party to whom we assign or novate any of our rights or obligations under a relevant agreement;

ii. any national or international regulatory, enforcement, exchange body, central or local government department and other statutory or public bodies or court where we are required to do so by applicable law or regulation at their request;

iii. third parties if you expressed your consent to such transfer or transfer of your Personal information is required for your use of a certain Service or performance of a particular agreement or contract with you.

8. How long we store your Personal information

BiOM Software will only keep your Personal information for as long as it is necessary to fulfil the purpose for which it was collected or to comply with legal and regulatory requirements.

Unless otherwise legally required or agreed, the emails and documents, which are stored by you on our systems as part of the Service, will remain stored as long as you have an account with us, but you can delete them at any time.

If you wish to have any Personal information removed from our databases, you can have it removed via your BiOM Software account or using interface of the Sites or Services (where applicable).

9. Your rights

9.1 What are your rights

If it is provided by applicable law, you have a right of access to your Personal information as processed by BiOM Software under this Policy.

If you believe that any information we hold about you is incorrect or incomplete, you can log in to your user account and correct your Personal information yourself.

If it is provided by applicable law, you also have the right to:

• request erasure of your Personal information or certain parts of it, as well as withdraw consent to the processing of the Personal information;
• request the restriction of the processing of your Personal information;
• request a copy of the Standard Contractual Clauses enabling the transfer of your Personal information to Russia, referred to in Section 8 hereof;
• object to the processing of your Personal information if it is provided by applicable law.

BiOM Software will honour any such requests or objections as required under applicable law.

To the extent provided by applicable law, you may be subject to other rights not specifically mentioned herein.

9.2 How can you exercise your rights

To exercise the above rights, please log in to your user account, which will provide you with the option to do so, or in case of absence of special function in user account interface please contact BiOM Software (see Section 13 hereof).

If you are not satisfied with how BiOM Software processes your Personal information, please let us know and we will investigate your concern. If you are not satisfied with BiOM Software’s response, you have the right to make a complaint to the competent data protection authority.

10. Why we use cookies and other similar technologies on the Sites or using the Services

10.1 What are cookies and what does BiOM Software use them for

Cookies are small text files placed on the device you use to access our Sites. They contain information that is collected from your device and sent back to the Sites on each subsequent visit so as to remember your actions and preferences over time.

The following types of cookies are used on the Sites:

• strictly necessary cookies / technical cookies: these cookies are required to run the Sites and provide you with the Services and may, among other, allow BiOM Software to identify your hardware and software, including your browser type;
• statistical / analytic cookies: these cookies enable us to recognise users, count the number of users and collect information such as your actions on the Sites and the Services, including the web pages you visit and the content you retrieve;
• performance cookies: these cookies collect information about how users interact with our Sites and Services, enabling us to identify errors and test new functionalities to improve the performance of the Sites and the Services;
• functionality cookies: these cookies enable us to provide specific functionalities in order to improve your experience on the Sites, for example by storing your preferences (e.g. language and location);
• (third party) tracking / advertising cookies: these cookies collect information about users, sources of traffic, page visits and advertising displayed to you and followed by you. They enable us to display advertising which may be of interest to you based on collected Personal information. These cookies are also used for statistical and research purposes.

10.2 How long are those cookies stored on your device

BiOM Software only uses the information contained in the cookies for the above purposes, after which the data collected will remain stored on your device for a period that may depend on cookies type, but no longer than necessary to achieve their purpose and will be automatically removed from your system thereafter.

10.3 Who else has access to the information contained in the cookies

Personal information collected through cookies placed on your device may be transmitted to and accessed by BiOM Software or the third parties referred to in Section 7 hereof. The use of Personal information outside of the Sites for advertising purposes, if any, may be subject to separate policies available on the above third parties’ websites. BiOM Software or those third parties might also provide you with a possibility to opt out of personalized advertising, which shall be subject to laws and regulations applicable to such products, utilities and offerings.

The first time that you access the Sites, your approval for the use of these cookies may be requested. If after you have approved the use of cookies you want to make another choice, you can do this by deleting the cookies stored by your browser (usually via the options in your browser’s Privacy menu – please refer to your browser’s manual or developer’s website). The popup requesting your approval may then show up again and you can make a different choice. If you do not consent to the use of cookies, certain features of the Sites might become unavailable, which may affect your browsing experience. You may also set up your browser preferences to accept or decline by default all cookies or cookies from specific websites, including the BiOM Software Sites. If you approved the use of cookies on one of the BiOM Software Sites, we assume that the use of cookies on all Sites was approved by you.

BiOM Software may also use web beacons (pixel tags) in order to access the cookies previously placed on your computer for the following purposes:

(i) to track your actions on the Sites and when using the Services, by accessing and interacting with the cookies stored on your computer;

(ii) to collect statistical information related to operating the Sites, the Services or products, utilities, advertisements or other BiOM Software offerings.

11. Updates to this Policy

This Policy may be subject to amendments. BiOM Software shall be entitled to make such amendments at its own discretion, including, without limitation, to reflect changes in applicable legislation or amendments to the Sites and/or Services.

BiOM Software undertakes not to introduce significant changes, imposing additional obligations or reducing your rights under this Policy without proper notice to you. You will be notified about such changes. If applicable, changes will be announced on the Site or Services (e.g. via a pop-up or web banner) prior to such changes taking effect, and you may also be notified via other channels (e.g. by email) if you have provided us with your contact details.

12. Questions and Suggestions

We welcome your questions or suggestions concerning implementation of or amendments to this Policy. To contact us please use this feedback form: https://mp3audiobookplayer.com/contacts/.

You can also use this form to exercise your rights or report any inaccuracies in your Personal information or protest its processing.

Date of publication: 15.05.2020