Privacy Policy

This privacy policy ("Privacy Policy") applies to all collection and processing of personal data by :

- when you interact with the website https://www.bioharmonizer.com/ (the "Site") operated by Helios Business Services LLC, 30 N Gould Street Suite 3354, Sheridan WY, USA ("Helios");

- when you purchase a product or request other services from "Helios" or one of its subsidiaries (hereinafter, "we" or "Helios"), whether online on our Site or offline in our stores, including when you contact our customer service department for after-sales services or specific questions or requests;

- when we communicate with you as part of our marketing activities.

By accessing and using this site, or by providing us with your personal data, for example by visiting our store or contacting our customer service department, you confirm that you have read and understand how we collect, process, use and disclose your personal data, as described in this privacy policy.

For specific processing activities, we need your consent to collect and process your personal data. Where we need your consent, we ask you, before submitting personal data or using the relevant sections of the site, to confirm electronically that you agree to the processing activity in question, as described in this privacy policy, by ticking specific boxes. By checking the relevant box and using this site, you signify your acceptance of the processing in question, as described in this privacy policy. Our record of your acceptance of this Privacy Policy, its date and any future modifications to this Privacy Policy, will be considered conclusive written evidence of your consent.

You will also be informed of this privacy policy when you contact our customer service department or when you provide us with your personal data in our store and, where a specific processing activity requires your consent, you will be asked for it.

We collect and process your personal data in accordance with all applicable data protection laws and regulations, including, without limitation, the relevant laws enacted by the European Union, such as Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and all laws promulgated in EU member states, as well as ordinances and guidelines issued by competent data protection authorities, where applicable, and the General Data Protection Regulation (EU) 2016/679 of April 27, 2016 ("GDPR" ) and complementary national provisions applicable as of May 25, 2018 (the "Data Protection Laws" ).

The controller of personal data (i) collected when you use this site (except when you purchase goods from us) and (ii) collected for our marketing and profiling activities is: Helios Business Services LLC, 30 N Gould Street Suite 3354, Sheridan WY, USA ("Helios"). For more details and to find out how to contact us, please see the Contact Us section.

Automatic collection of information on this site

The processing of your personal data when you simply visit and consult the Site is limited to so-called navigation data, i.e. data whose transmission to the Site is implicit in the operation of the systems responsible for managing the Site and in the communication protocols specific to the Internet. Examples of browsing data are the IP addresses of the devices you use to connect to the Site and other parameters relating to your device and operating system.

In principle, browsing data, such as that specified above, and for example the number of visits and time spent on the Site, are collected and processed by us exclusively for statistical purposes and in aggregate form in order to measure and improve the operation of the Site. Due to the very nature of browsing data, such data may lead to the identification of users if associated with data held by third parties; however, we do not collect browsing data in order to associate them with identified users, except where such data may be used for the purposes of assessing possible liability in the event of information offences carried out on or through the Site, to the extent permitted by law.

In addition, certain information is collected on this site by means of cookies and other tracking technologies, as described in our cookie policy available here. By actively closing the site's cookie banner and setting your cookie preferences through our tool and your browser, you agree to our use of cookies and similar technologies. If you do not agree to our use of cookies in this way, you must set your cookie preferences accordingly. You can always withdraw your consent and change your cookie preferences at any time. If you disable the cookies we use, this may have an impact on your user experience on this site. Please refer to our cookie policy for further details.

Information you voluntarily provide to us

We collect and process them:

- the personal data you provide when you interact with the site's functionalities, for example when you open an account or upload user-generated content to the site. Such personal data may include:

your name, e-mail address, telephone number, user name and password

- the personal data you provide when participating in or registering for our marketing activities (whether via our site or in our stores), for example when you sign up for our newsletter(s) or mailing list(s) or when you participate in promotions and other initiatives such as loyalty programs, contests and sweepstakes, etc. Such personal data may include :

your name, e-mail address, telephone number, purchase history, gender, preferences and interests

- the personal data you provide when you purchase products from us (whether online or in our stores). This personal data may include:

your name, e-mail address, telephone number, history of products purchased, transaction details

- the personal data you provide when you interact with our customer service department, for example when you send a question about a product, send us feedback, contact our customer service call center for assistance, or request specific assistance or service from our customer service department. This personal data may include

your name, e-mail address, telephone number, history of products you have purchased, information concerning the reasons why you contacted customer service, the content of your communications relating to your interaction with customer service.

Where you have provided us with personal data relating to another person (for example when using the "email a friend" function, the gift card features or for other purposes), to the extent permitted by applicable law, you hereby confirm that you have the right to provide us with such personal data and that you have informed such person of the processing of his or her personal data for the purposes set out in this Privacy Policy and, where applicable, that you have obtained his or her consent thereto.

We collect and process your personal data for the following purposes:

"Helios", as data controller, processes your personal data for the following purposes:

- to operate and manage the Site, including :

◦ provide you with the services or features you request on the Site;

◦ to create your account and manage your subscription on the Site ;

◦ to improve your browsing experience and enhance the Site;

- to carry out marketing activities for the Kontoor Brands group, including :

◦ for direct marketing purposes, including :

▪ to manage your subscription to our newsletter(s) or mailing list(s) or loyalty program(s) ;

▪ to enable participation in promotions and other initiatives, such as competitions and prize draws ;

▪ to send you (subject to your consent, which is optional), also by e-mail or other electronic means of communication such as SMS, MMS, fax, etc. information and promotional material on our products and services, on special pricing and promotional initiatives and on initiatives such as loyalty programs, events, exhibitions and fairs organized by "Helios" ;

- for survey purposes (subject to your consent, which is optional);

- for profiling purposes (subject to your consent, which is optional);

- to improve our products and services;

- for other purposes :

◦ for fraud prevention purposes; and

◦ to comply with our obligations under applicable laws, regulations and EU legislation, and to assess and defend a legal claim.

- to manage your merchandise purchases (online and in our stores):

This includes all activities related to the purchase of goods, such as the delivery of goods, invoicing, the return and exchange of goods, the receipt of refunds, the purchase and use of gift cards and e-gift cards, where applicable, and payment-related activities, including the use of vouchers;

- to provide you with our customer service, including :

◦ provide you with after-sales services;

◦ to respond to your request(s) for information, question(s), communication(s) or feedback for internal training purposes and to improve our customer service;

- for other purposes :

◦ for fraud prevention purposes; and

◦ to comply with our obligations under applicable laws, regulations and EU legislation, and to assess and defend a legal claim.

Further information about our customer service

Our customer service is managed by ? ?????, who interacts with you and provides the service on behalf of "Helios" from whom you purchased the goods. We will process your personal data when you contact our customer service and call center, which may communicate with you by e-mail, chat and telephone. The call center will record your telephone number for callback and administrative purposes in order to provide you with the assistance and information you have requested. In some cases, for internal training, quality control and audit purposes, the call may be recorded and e-mails may be saved to the extent that this is not prohibited by applicable law. You will always be informed in advance of the recording of the communication and you will have the opportunity to object to it, unless it is necessary for verification purposes in connection with your purchase or for other reasons as permitted by applicable law.

The processing of your personal data is necessary for the performance of a contract with you or to take steps prior to entering into a contract with you at your request (Article 6, 1., (b) of the GDPR, as of May 25, 2018) ;

The processing is necessary for the purposes of our legitimate interests or the legitimate interests of our affiliates or other third parties, and these interests are not overridden by your interests or fundamental rights and freedoms (Article 6, 1., (f) of the GDPR, as of May 25, 2018); The legitimate interests we pursue include, in particular, our interest in managing and maintaining the contractual relationship with you, responding to your specific requests, seeking your feedback in order to improve our Site and products, or pursuing other general marketing activities.

Where your specific consent is required for the processing of your personal data as described herein, your personal data will be processed on the basis of that consent (Article 6, 1., (a) of the GDPR, dated May 25, 2018) .

Personal data is kept for no longer than is necessary to achieve the specific data processing purposes described herein, unless shorter or longer retention periods apply under applicable laws.

We are committed to protecting the security and confidentiality of your personal data. We take - and require any third-party service provider and/or subcontractor processing personal data on our behalf and according to our instructions to take - appropriate technical and organizational measures to prevent the loss and destruction, even accidental, of data, unauthorized access to data, illegal or unfair use of data. In addition, information systems and software are configured in such a way as to ensure that personal data and identification data are used only when necessary to achieve the specific processing purpose sought from time to time.

We deploy a variety of advanced security technologies and procedures to help protect personal data against the risks described above. For example, personal data provided by users is stored on secure servers in controlled locations. In addition, for the transmission of certain data over the Internet, we use encryption techniques such as the Secure Socket Layer (SSL) protocol.

However, please note that no electronic transmission or storage of information is 100% secure. Therefore, despite the security measures we have put in place to protect your personal data, we cannot guarantee that loss, misuse or alteration of data will never occur.

Personal data collected via our Site, in connection with the sale of goods in our stores and in connection with our customer service is stored on servers provided and managed by our third-party storage and hosting provider Tehcnowisdom, which is headquartered in Belgium, and whose servers are located in Belgium. Some personal data collected in connection with the sale of goods in our stores may also be stored locally in the store. All such personal data may be shared with the recipients detailed below.

We disclose personal data to the extent and under the circumstances specified in this Privacy Policy, subject to your specific consent where required under applicable data protection laws:

Your personal data will be accessible within our organization by internal and external personnel who need access to it by virtue of their duties in relation to the processing purposes specified here. We ensure that these persons are subject to appropriate security and confidentiality obligations.

Your personal data may also be accessed by third-party service providers that we appoint to process personal data on our behalf and according to our instructions (subcontractors). These processors include:

- third-party service providers we may use to perform professional, technical and organizational services functional to the management of the Site and the activities carried out on it, such as the sale of goods and related activities, the management of the functionalities offered by the Site and the initiatives and services you may subscribe to and request through the Site, and for services strictly functional to the achievement of the other processing purposes specified herein;

- third-party service providers we use to complete purchase transactions and process payments via our e-commerce platform;

- third-party service providers who manage and support the site, the relevant e-commerce platform and all pre- and post-sales activities, such as order processing, performance marketing, financial services, warehouse management and customer relationship management;

A list of these subcontractors, with an indication of their location, is available here or on request from our Privacy Office. These subcontractors are bound by appropriate contractual obligations to implement adequate security measures to protect the security and confidentiality of personal data.

Your personal data may also be shared with institutions, authorities, public entities, banks and financial institutions, professionals, independent consultants, also in the form of associates, business partners or other legitimate recipients as permitted by applicable laws and regulations, for example in the event of legal proceedings, requests from competent courts and authorities or other legal obligations, to protect and defend our rights and property and the Site.

Finally, we may also disclose your personal data to third parties in the event of mergers, acquisitions, transfers of any of our assets, products, websites or operations.

With the exception of the above, personal data will not be shared with third parties, natural or legal persons, who are not connected with us or who do not perform a commercial, professional or technical function for us. Personal data will not be communicated to third parties for marketing purposes.

The aforementioned recipients may be located in countries other than the country in which the personal data was originally collected, it being understood that your personal data will in principle only be transferred within the European Economic Area or other countries recognized by the European Commission as offering an adequate level of protection for personal data.

If any of the above-mentioned recipients is established in a country outside the EEA, which is not covered by an adequacy decision of the European Commission and therefore does not offer the same level of protection for your personal data as in the EEA, we will implement appropriate safeguards, including, but not limited to, relevant data transfer agreements based on the European Commission's Standard Contractual Clauses for the Transfer of Data to Third Countries (Article 46, 2.(c) of the GDPR, as of May 25, 2018) or binding corporate rules (Article 47 of the GDPR, as of May 25, 2018.

With the exception of browsing data, the provision of your personal data may be a necessary condition for the conclusion or performance of a contract, including for the performance of certain services and features offered by the Site, such as subscribing to the Site, subscribing to our newsletter(s), purchasing goods through the Site or in our stores, managing participation in loyalty programs, promotions and other initiatives communicated through the Site or in our stores, responding to and managing requests for information, questions, communications or feedback. In the aforementioned circumstances, refusal to provide your personal data would make it impossible for us to perform the contract or provide the services, products or information requested, as indicated above.

Provision of your personal data for the purposes of surveys, marketing and profiling, as described above, is optional; refusal to provide your personal data for these purposes will not affect the conclusion or performance of the contract. If required by data protection laws, we will seek your prior consent before processing your personal data for these purposes.

This site may contain links to other sites, as well as objects or elements controlled by third parties.

These include, for example, plug-ins that may connect our site to social networks such as Facebook or Twitter ("social plug-ins"), which are generally identified by the logo of the relevant social network. If you interact with a social plug-in on our site, your browser may send this social network certain data about you, such as your ID, site information, date and time, and other browser-related information. This information will be processed by the social networks, owned and operated by third parties, in accordance with their privacy policies.

We have no access to or control over the elements, objects, plug-ins, cookies, web beacons and other elements or tracking technologies owned and operated by third parties, available on our site or on relevant third-party websites, which users may access on or from the site, and the methods of processing personal data through these elements or sites. We accept no responsibility for these websites. We advise you to check the privacy policy of the websites and third-party elements you access from the site for the conditions applicable to the processing of personal data, given that the present privacy policy applies only to this site.

You may at any time exercise your rights under applicable data protection laws, including, but not limited to, the right of access, rectification, limitation, erasure, opposition (including opposition, at any time and free of charge, to the processing of your personal data for direct marketing purposes), the right to portability as well as the right to withdraw your consent. You also have the right to lodge a complaint with the competent supervisory authority.

For a summary of the above rights and how you can exercise them, please refer to Appendix 1 of this Privacy Policy. For any questions or requests relating to the processing of personal data by "Helios" and to assert your rights under data protection laws, you can contact us.

We reserve the right to update and modify all or part of this privacy policy at any time, to the fullest extent permitted by applicable law. The version published on the site is the version actually in force. If we change this Privacy Policy, we will notify you of such changes by posting a link on the home page of the Site to the revised Privacy Policy marked "Newly Revised Privacy Policy" and/or by notifying you in any other manner (for example, by e-mail where appropriate or required by law and provided we have your e-mail address).

Appendix 1: Rights of the person concerned

As a person whose personal data is processed in accordance with this privacy policy, you have a number of rights which are summarized below. Please note that the exercise of these rights is subject to certain requirements and conditions set out in the applicable legislation.

Right of access

Subject to applicable law, you have the right to obtain confirmation from us as to whether or not personal data relating to you is being processed and, if so, to request access to such personal data, including, but not limited to, the categories of personal data concerned, the purposes of the processing and the recipients or categories of recipients. However, we must take into account the rights and freedoms of others, so this is not an absolute right. If you request more than one copy of the personal data being processed, we may charge a reasonable fee based on administrative costs.

Right of rectification

You have the right to ask us to rectify inaccurate personal data concerning you. Depending on the purposes of the processing, you also have the right to request that incomplete personal data be completed, including by providing an additional declaration.

Right to erasure ("right to be forgotten")

You have the right to ask us to delete your personal data in certain circumstances defined by applicable law. Where your request falls within one of these circumstances, we will delete your personal data as soon as possible. If, for technical or organizational reasons, we are unable to delete your personal data, we will ensure that it is completely and irreversibly anonymized, so that we no longer hold any personal data about you.

Right to restrict processing

In certain circumstances defined by applicable law, you have the right to request the restriction of the processing of your personal data. In this case, your personal data, with the exception of storage, will be processed only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest.

Right to data portability

In certain circumstances defined by applicable law, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format, and you may have the right to transmit such data to another controller or to have such personal data transmitted directly by us to another controller, where technically possible.

Right to object

In certain circumstances defined by applicable law, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us, and we may be required to no longer process your personal data, unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. This applies in particular to the processing of your personal data based on our legitimate interests or for statistical purposes.

Right to object to direct marketing

Where your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of such data for direct marketing purposes (including profiling in connection with such direct marketing).

Right not to be subject to a decision based exclusively on automated processing,

Subject to certain restrictions, you have the right not to be subject to a decision based exclusively on automated processing, including profiling, which produces legal effects in relation to you and affects you significantly.

Right to withdraw consent

If you have declared your consent to personal data processing activities as described in this privacy policy, you may withdraw such consent at any time with future effect. Such withdrawal will not affect the lawfulness of the processing prior to the withdrawal of consent. If you wish to access this personal data or exercise any of the rights listed above, you must make your request in writing, providing proof of your identity. Any communication from us in relation to your rights as detailed above will be provided free of charge. However, in the event of manifestly unfounded or excessive requests, in particular due to their repetitive nature, we reserve the right to charge additional fees.