Privacy Policy

Biogena GmbH & Co KG (hereinafter: Biogena) is the controller for the collection, processing and use of your personal data. Biogena is available to you as the responsible body under the contact details listed below: 

Biogena GmbH & Co KG, Strubergasse 24, 5020 Salzburg,
Infoline:
fax: +43 662 23 11 11-5590,
email: info@biogena.com
The Data Protection Officer of the Biogena Group is VACE Systemtechnik GmbH, Linzer Straße 16e, A-4221 Steyregg, datenschutz@biogena.com

You can obtain information about your data that is stored by us at any time free of charge, as well as assert your right to the correction, deletion, objection to and restriction of the processing of your data or your right to data portability.

Furthermore, you have the right to revoke a consent once granted at any time and with effect for the future. For example, please contact the contact details mentioned above. 

You also have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data is unlawful. You can assert this right with a supervisory authority in the member state of your residence, place of work or the location of the alleged infringement.

Personal data is information about the factual or personal circumstances of a specific or identifiable natural person. Statistical data that we collect, for example, when you visit our webshop or within the framework of the My Biogena Coach app and which cannot be linked to you personally, does not fall under this.

Personal data, such as your name, address, telephone number, email address and other inventory data that you provide to us within the framework of your online registration, your order, your newsletter registration, when using the My Biogena Coach App and your request via our contact form, is processed by us if this is necessary for processing your registration or your order, your newsletter registration, the use of the app or answering your question.

We collect, store and process your data in connection with the webshop for the entire duration of the processing of your purchase or your request, including any subsequent warranties, for our services and in accordance with the statutory (in particular tax law) retention periods. Newsletters and electronic advertising will be sent until further notice. Regarding the processing in connection with the My Biogena Coach app, see point 7.

The processing purposes in detail:

3.1. Online registration in our webshop

Purchases in our webshop and the use of our product information list are possible after online registration in our Biogena Club (for consumers) or our Partner Area (for doctors and therapists).

Your online access is password protected. Here you can view data about your completed, open and recently shipped orders and manage your loyalty points, personal data and any newsletter registration.

You undertake to treat the personal access data confidentially and not to make it accessible to any unauthorised third party. We cannot accept any liability for passwords that are misused unless we are responsible for the misuse. Please note that you will remain logged in automatically unless you unsubscribe.

3.2. Purchase processing

By completing your online order, you expressly allow us to process the personal data you provided for the processing of your purchase and for the dispatch of your order. We need your email address so that we can confirm receipt of the order. We also use this for your identification (web login). You will also receive your order and dispatch confirmation via your email address. We also need your email address and telephone number so that we can communicate with you in the case of queries regarding your order or any delivery problems.

3.2.1. Customer survey – your feedback is important to us

As part of your order for Biogena products, you will receive an invitation to complete the voluntary customer survey four weeks after purchase, from which you can unsubscribe at any time with future effect. The data obtained from this is evaluated anonymously and provides important feedback that allows us to tailor our products even more to the needs of our consumers and to support our scientific team.

By confirming the above link, you voluntarily agree that the following Biogena group of companies may process your above-mentioned data for the purposes of sending electronic newsletters and receiving electronic direct marketing and personal advertising about Biogena products and events and services: Biogena GmbH & Co KG, Nolimits Digital Business GmbH, Biogena Academie GmbH, Biogena Diagnostics Österreich GmbH, Biogena Diagnostics Deutschland GmbH. Personal advertising means advertising tailored to you and your interests. For this purpose, we use available information, such as the region of your residence, your registration date and information about which customer group you belong to (consumer or doctor or therapist) in order to send you only advertising for products that might actually interest you.

Registration for the Biogena newsletter (Newsletter of Biogena GmbH & Co KG) will only take place if you have actively consented to its receipt. When sending the newsletter we use the so-called double opt-in procedure, i.e. we will only send you a newsletter by email if you have expressly confirmed beforehand that we should activate the newsletter service. We will then send you a notification email and ask you to confirm that you wish to receive our newsletter by clicking on a link contained in this email.

If you no longer wish to receive newsletters from us at a later date, you can object to receiving them at any time free of charge. A notification in text form to the contact details specified under Clause 1 (e.g. email, fax, letter) is sufficient for this. Of course, you will also find a unsubscribe link in every newsletter.

If you send us an enquiry via the contact form, the personal data that you have made available will be used exclusively by Biogena for dealing with your enquiry and – if necessary in order to answer your question – forwarded to the relevant company in the Biogena Group.

Since the enquiries via contact forms can be of various types, we need the information from you that is defined as mandatory fields in the contact form as a minimum.

Please note that our webshop uses etrackers for vouchers for data processing. You can object to the aforementioned data processing here at any time. The objection has no adverse consequences.

After online registration in our webshop, you will be given access to our app “My Biogena Coach” (“app”) via your registered email address or your club membership number.

The app allows you to retrieve your club status via a digital club card and offers a chat function for digital consultation by our coaches. The processing is carried out for the purpose of providing the app in accordance with Art. 6 para. 1(b) GDPR. The provision is contractually required because we cannot provide you with the app otherwise. No automated decision-making, including profiling, is triggered when using the app. We use HEYRISE Group GmbH with its registered office in Austria to provide the app. Personal data may be transferred to the United States of America. All the information in the app is stored until you order us to delete the account. 

In addition, you can conveniently make online purchases in our webshop via chat and conduct consultations in the form of video telephony. Our micronutrient consultants are available in the chat and video chat functionalities to answer your individual questions about Biogena products and can view your chat history if this is necessary for processing your enquiry. The processing takes place for the purpose of providing the chat function for personal consultation and support in the app in accordance with Art. 6 para. 1(b) GDPR. The provision is contractually required and we cannot otherwise provide the chat function and consultations. We use the following processors to provide the chat function and video chat:

•  Twilio Ireland Limited, 3 Dublin Landings, North Wall Quay, Dublin 1, Republic of Ireland. 

In this context, personal data is transferred to the United States of America (adequacy decision of the European Commission), Australia (EU standard contractual clauses), Brazil (EU standard contractual clauses), Canada (adequacy decision of the European Commission), Israel (adequacy decision of the European Commission), Japan (adequacy decision of the European Commission), Mexico (EU standard contractual clauses), Singapore (EU standard contractual clauses), Switzerland (adequacy decision of the European Commission) and the United Kingdom (adequacy decision of the European Commission). You have the option of receiving a copy of the agreed EU standard contractual clauses.

• Microsoft Ireland Operations Ltd, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18 D18 P521. In this context, personal data may be transferred to the United States of America. This is based on the relevant adequacy decision of the European Commission.

Within the app, our coaches can also send you proactive messages (“messages”) and notifications (“push notifications”) for the purpose of Biogena product advice. The processing takes place on the basis of your consent (Art. 6 para. 1(a) GDPR) to receive messages and push notifications that you may issue separately. Furthermore, you have the right to revoke a consent once granted at any time and with effect for the future. The provision is neither legally nor contractually required or required for the conclusion of the contract, but we cannot send you any messages or push notifications if you do not provide the required data. All the information in the app is stored until you order us to delete the account.

We also aggregate and anonymise any personal data about app use and use information from anonymised conversations for the training of data models and AI algorithms. The aggregation and anonymisation takes place to safeguard our legitimate interest (Art. 6 para. 1(f) GDPR), to improve and further develop the app and our offer. 

Ultimately, we use the developer platform "Google Firebase" with "Google Analytics for Firebase" (user flow optimisation) and "Firebase Crashlytics" (error tracking) for the performance analysis and optimisation of the app.

• Thus, using Google Analytics for Firebase, we are able to analyse the interactions of our users within the app. So-called "events" are recorded. Accordingly, information is also disclosed to this platform, which is offered by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
• "Firebase Crashlytics" and the personal data processed by means of "Google Firebase" can be used together with other Google services, such as Google Analytics and Google Marketing Services. In this case, device-related information such as "Android Advertising ID" and "Advertising Identifier for iOS" is also processed in order to identify mobile devices.

In this context, personal data may be transferred to the United States of America. This is based on the relevant adequacy decision of the European Commission. 

The processing takes place on the basis of your consent (Art. 6 para. 1(a) GDPR or § 165 para. 3 TKG (Telekommunikationsgesetz [Telecommunications Act]) 2021), which we may obtain separately. The provision is neither legally nor contractually required nor necessary for the conclusion of the contract. The personal data processed in this context is stored for two months.

When you visit our website, log data is automatically logged and temporarily stored, but we do not allow any conclusions to be drawn about you. This data includes, for example, browser type and version, referrer URL, abbreviated IP address, provider name and operating system used. All log data is evaluated anonymously by us or the service provider commissioned by us exclusively for statistical purposes, to improve our offer, to facilitate fault finding and to prevent attacks on our webshop.

In order to make our website user-friendly (web analysis) and to enable the use of certain functions, such as our webshop or the product information list, we use cookies in some areas.

Cookies are small files that are stored locally on your data carrier and that store the specific settings and data for exchange with our system via your browser.

Most of the cookies we use are session cookies and are deleted from your hard drive after you close the browser. The long-term cookies we use remain stored on your hard drive for 30 days and are then deleted. During another visit, it is automatically detected that you have already been with us and which inputs and settings you prefer.

By using our website, you declare that you expressly wish to use our web service and, if cookies are accepted according to your browser settings, you agree to the use of these cookies. Most browsers are set by default to accept all cookies. However, you have the option of setting your browser in such a way that cookies are displayed before they are stored, only certain cookies are accepted or rejected or cookies are generally rejected or deleted.

Please note that changes in settings only ever affect the respective browser. If you use different browsers or change the terminal, the settings must be re-set. In addition, you can delete cookies from your storage medium at any time. For information on cookie settings, how to change them and how to delete cookies, please refer to the help function in your web browser.

You also have the option of deactivating the cookies in the cookie guidelines on our website.

This website uses Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Google). Use includes the Universal Analytics operating mode. Google Analytics uses so-called Cookies.

On behalf of the website operator, Google uses the information generated by the cookies to evaluate your use of the website, to compile reports on the activities and to provide other services associated with the use of the website and the internet. Our legitimate interest in data processing also lies in these purposes. The legal basis for the use of Google Analytics is Art. 6 para. 1(f) GDPR. The information generated by the cookie about your use of this website is generally transmitted to a Google server in the USA and stored there. However, we would like to point out that this website uses Google Analytics with the extension "anonymizeIP" and therefore IP addresses are only further processed in abbreviated form in order to exclude a direct personal reference. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there. The IP address transmitted by your browser within the framework of Google Analytics is not merged with other data from Google.

The data sent by us and linked to cookies, user IDs or advertising IDs are automatically deleted after 14 months. The deletion of data whose retention period has been reached is carried out automatically once a month.

We also use the online advertising programme "Google AdWords" and the conversion tracking of Google within the framework of Google AdWords. If you click on an ad placed by Google, a cookie for conversion tracking is stored on your computer. These cookies become invalid after 30 days, do not contain personal data and are therefore not used for personal identification.

If you visit certain internet pages of our website and the cookie has not yet expired, together with Google we can recognise that you have clicked on the ad and have been redirected to this page. Each Google AdWords customer receives a different cookie. Therefore, there is no possibility that cookies can be tracked via the websites of AdWords customers. The information obtained by means of the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. Here, the customers only learn the total number of users who clicked on their display and were forwarded to a page provided with a conversion tracking tag. However, you will not receive any information with which users can be personally identified.

If you do not wish to participate in tracking, you can object to this use by preventing the installation of cookies by setting your browser software accordingly (possibility of deactivation).

Likewise, you can generally prevent the storage of cookies by setting your browser software accordingly; however, we repeatedly point out that in this case you may not be able to use all the functions of this website in full. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

You can find more detailed information on terms of use and data protection at https://www.google.com/analytics/terms/de.html,https://policies.google.comor http://www.google.com/policies/technologies/ads/,http://www.google.de/policies/privacy/.

By using this website, you agree to the processing of the data collected about you by Google in the manner described above and for the aforementioned purpose.

For the option of deactivating cookies on our website, see Point 4.

We use the lead generation service provided by Leadinfo B.V., Rotterdam, The Netherlands, which recognizes visits of companies to our website based on IP addresses and shows us related publicly available information, such as company names or addresses. In addition, Leadinfo places two first-party cookies for providing transparency on how our visitors use our website and the tool processes domains from provided form inputs (e.g. “leadinfo.com”) to correlate IP addresses with companies and to enhance its services. For additional information, please visit www.leadinfo.com.

On this page: www.leadinfo.com/en/opt-out you have an opt-out option. In the event of an opt-out, your data will no longer be used by Leadinfo.

Subject to your consent, our website uses the Hotjar analysis tool. This allows us to track the actions of the users on our website after they have accepted this through the cookie banner. This enables us to continuously improve and further develop our customer journey.

The collected data remains anonymous. This means that we cannot view the personal data of the individual users. However, the collected data is stored and processed by Hotjar. We inform you about this in accordance with our current information.

Only users over 16 years of age may give their permission. If you are under 16, please consult your parent or guardian.

For the option of deactivating cookies on our website, see Point 4. Hotjar stores the IP address of the user in anonymised form. For this purpose, it only collects the first 3 octets of the IP address in order to be able to determine the country of the visitor. Hotjar does not save the remaining digits. In addition, Hotjar states that all the data obtained is stored on servers in Ireland. This means that the data is located in the EU so that website operators can meet the requirements of the General Data Protection Regulation (GDPR).

Subject to your consent, our website uses the Conversion Tracking Pixel Service of Facebook, Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA (“Facebook”). This allows us to track the actions of the users after they have been forwarded to a provider website by clicking on a Facebook advertisement. This enables us to record the effectiveness of the Facebook advertisements for statistical and market research purposes.

The collected data remains anonymous. This means that we cannot view the personal data of the individual users. However, the collected data is stored and processed by Facebook. We inform you about this in accordance with our current information. Facebook may link the data to the data of your Facebook account and uses the data for its own advertising purposes, according to the Facebook data guidelines https://www.facebook.com/about/privacy/. Facebook Conversion Tracking also allows Facebook and its partners to show you advertising inside and outside Facebook. In addition, a cookie is stored on your computer for this purpose.

Only users over 16 years of age may give their permission. If you are under 16, please consult your parent or guardian.

Please click here to withdraw your consent or edit your privacy settings on Facebook: https://www.facebook.com/ads/website_custom_audiences/.

On our website, the remarketing tags of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated as well. When you visit our pages, the remarketing tags establish a direct connection between your browser and the Facebook server. Facebook receives the information that you have visited our site together with your IP address. This allows Facebook to assign the visit to our pages to your user account. We can use the information obtained in this way to display Facebook ads. We would like to point out that as the provider of the pages, we do not receive any information about the content of the transmitted data or the use thereof by Facebook. You can find further information on this in Facebook’s privacy policy at https://www.facebook.com/about/privacy/.

Please click here to withdraw your consent or edit your privacy settings on Facebook: https://www.facebook.com/ads/website_custom_audiences/.

For the option of deactivating cookies on our website, see Point 4.

Our website uses social plugins ("plugins") of the social network facebook.com, which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are marked with a Facebook logo or the addition "Facebook Social Plugin". When you visit a website that contains such a plugin, your browser establishes a direct connection to the Facebook servers The content of the plugin is transmitted directly from Facebook to your browser and integrated into the website.

By using the plugins, Facebook receives the information that you have accessed the respective page of our website. If you are logged in to Facebook, Facebook can assign your visit to your Facebook account. If you interact with the plugins, for example by clicking the "I like" button or by posting a comment, the appropriate information is transmitted directly from your browser to Facebook and stored there.

For the purpose and scope of data collection and the further processing and use of the data by Facebook and your rights and setting options for the protection of your privacy, please refer to the data protection information on Facebook https://www.facebook.com/about/privacy/.

If you do not want Facebook to collect data about you via our website, you have to log out of Facebook before visiting our website.

In order to analyse the user experience as well as the digital customer journey based on data and to optimise it for you by offering you products, content or services tailored to you (“personalisation”), we use the tracking and analysis platform Piwik PRO and process the collected data in the customer database 506 Customer Intelligence. We collect first-party data about website visitors on the basis of cookies, IP addresses and so-called Browser Fingerprints; we create user profiles based on browsing history and calculate metrics related to website usage, such as bounce rate, visit intensity, page views, etc. Tracking collects data about the content, pages and functions you use on the website. Tracking is done exclusively on the basis of your consent in accordance with Article 6 paragraph 1(a) of the General Data Protection Regulation (“GDPR”).

If personal tracking takes place according to voluntarily given consent, you can revoke your consent via a corresponding setting in the Electronic service, which means that no more tracking takes place. Your IP address will be anonymised immediately during this process, so that you, as a user, remain anonymous for us. You thus waive the benefits of personalised use of the Electronic service.

The design of our website also uses external fonts provided by the company MyFonts Inc., 600 Unicorn Park Drive, Woburn, MA 01801, USA (hereinafter: MyFonts). These fonts are integrated via a server call in MyFonts. To deliver the font files to your browser, your IP address as a minimum is transferred to a MyFonts server when you access our website. In addition, further information (e.g. name of the website accessed, date and time of the request, type of web browser used) may be transmitted to MyFonts. To prevent the execution of Java Script codes from MyFonts, you can deactivate Java Script or install a Java Script blocker in your browser (e.g. http://www.noscript.net or https://www.ghostery.com/). Further information on data protection at MyFonts can be found at the following link: https://www.myfonts.com/legal/website-use-privacy-policy.

The security of your data is very important to us. All the personal data that we request is transmitted in encrypted form via a secure SSL connection so that it is protected against third-party access. In addition, we take further technical and organisational security precautions to prevent the loss, destruction and misuse of data. You should always keep your access information confidential and close the browser window when you have finished communicating with us, especially if you share the computer with others. The personal data and information that you provide are protected against unauthorised access by third parties with the greatest possible care. We take all reasonable measures to ensure the security of your personal data. However, the customer is informed that the world wide web is accessible worldwide and misuse, in particular, cannot be ruled out, meaning that unauthorised access by third parties to such data and information cannot be ruled out, even with the greatest possible care.

Social media competitions (especially on Facebook) are organised by Biogena GmbH & Co KG, Strubergasse 24, 5020 Salzburg (hereinafter: "Biogena"). Participation in competitions is only possible under the conditions listed here. By participating, the participant expressly acknowledges these terms and conditions of participation:

1. Competitions are not linked to Facebook and are not sponsored, supported or organised in any way by Facebook. The recipient of the information provided by the participant is not Facebook, but Biogena as the operator of the Biogena GmbH & Co KG Facebook page and the organiser of the competition. The information provided will only be used for the competition.
2. The start and end dates (implementation period) of the competition can be found in the respective competition post.
3. The prizes defined in the competition post are to be won but exchange, cash redemption and legal action are excluded. The prizes are usually sent by post.
4. Voluntary participation in the lucky draw takes place via a comment (image or text) on our Facebook post about a lucky draw and/or like. Several comments from the same user are classified as a single participation.
5. Persons resident in Austria or Germany who are at least 18 years old and Facebook fans of Biogena GmbH & Co KG are eligible to participate. You become such a fan by pressing the like button on the Biogena GmbH & Co KG Facebook page. Employees, authorised representatives, legal successors and representatives of Biogena GmbH & Co KG, involved agencies and their relatives are not eligible to participate.
6. The prize is drawn after the end of the implementation period, in camera and subject to the principle of chance. Participation in the prize draw requires a comment or like.
7. The winner is informed about the Facebook comment function of the Facebook post on Facebook or via Facebook Messenger. The winner must report their contact and address data by private message to the Biogena GmbH & Co KG Facebook page or by email to info@biogena.com within 5 working days (from notification of the prize). If winners do not confirm acceptance of the prize during this period, their claim to the prize shall be forfeited without replacement. A substitute winner is then determined according to the same procedure. There is no obligation to accept the prize.
8. Comments that violate Facebook policies, Austrian law, our netiquette and/or copyright will be removed without notice. The participant will then be excluded from the draw.
9. The promoter reserves the right to cancel or terminate the prize draw at any time without notice and without giving reasons. Legal action is excluded.
10. If personal data of participants is collected within the framework of the competition, this will be collected, processed and used by the organiser exclusively for the purpose of carrying out the competition and deleted after the competition has ended. The participant is responsible for the correctness and completeness of their submitted data.

The foyer of the Biogena Corporate Centre at Strubergasse 24, 5020 Salzburg as well as the entrance and sales areas of the Biogena stores are monitored by video for the preventive protection of persons and objects from vandalism and criminal acts. The following companies are responsible for this surveillance:

• Biogena GmbH & Co KG
  Strubergasse 24, 5020 Salzburg (company headquarters)
• Biogena Stores Österreich GmbH
  Strubergasse 24, 5020 Salzburg (Austria stores)
• Biogena Stores Deutschland GmbH
  Lindenstraße 22, 83395 Freilassing (Stores Germany)

The image data obtained is only stored for a period of 72 hours. The image data will only be stored for longer than 72 hours if it is necessary for the prosecution of legal claims. Forwarding to other recipients is not permitted. The data is stored on a network hard disk. The data evaluation is password protected and only takes place as and when required.

Each monitored area is clearly identified. You can find more detailed information on video surveillance at the reception desk at the company headquarters or at the checkout areas of our stores. For your data subject rights or the contact details of our data protection officer, see point 1.

This Privacy Notice may be amended from time to time. The amended version will then also be published here. Therefore, if you visit our websites again, you should read through the data protection information again.

Last updated: 20/12/2023