Gene Companion Rx, Inc. (referred below as Gene Companion) respects your privacy and is committed to protecting it through our compliance with this privacy policy ("Privacy Policy"). The bolded terms in this Privacy Policy have the same meaning as those in our Terms of Use ("TOU")https://policy.genecompanion.app/terms-of-serviceinto which this Privacy Policy is incorporated.
This Privacy Policy describes the types of Information we may collect from you or that you may provide when you access or use the Services and our practices for collecting, using, maintaining, protecting, and disclosing that Information.
Please read this Privacy Policy carefully to understand our policies and practices regarding your Information and how we will treat it. If you disagree with our policies and practices, your choice is not to access or use the Services. By accessing or using the Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Servicesafter we make changes are deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.
As further explained below under Anonymous Information, we may use your Results, Report, and de-identified Self-Reported Information (as defined below) to include in a database with other users' de-identified Results, Reports, and de-identified Self-Reported Information ("Aggregated Database"). De-identified means the removal of Information by which your identity can be determined with reasonable accuracy, but such terms do not include unique identifiers or codes assigned to you or your Sample that cannot singly be used to identify you. By using the Services, you consent to our collection, storage, and use of the de-identified DNA, de-identified Results, Reports, and de-identified Self-Reported Information for any purpose in our sole discretion. If you do not consent to such use, do not access or use our Services.
We collect several types of Information from and about users who access or use the Services: Registration Information. This is personal Information that you enter to become a Registered User of our Services that includes your name, address, email address, telephone number, username, password, and payment information, such as credit card information collected by our third-party payment processors, which are not stored on our database or servers. ("Registration Information").
Self-Reported Information. This Information you provide to us that does not personally identify you, such as gender, age, race, demographic Information, and medical history ("SelfReported Information"). Self-Reported Information may also include Protected Health Information ("PHI"). Our PHI Privacy Notice is identified below.
Results. This is Information that includes yourSpecimen, the DNA extracted from your Specimen, the PGx Testing of your Specimen("PGx Testing"), the results obtained from PGx Testing ("Results"), and the Results processed through our proprietary software ("Reports"). We collect, test, process, and store this Information.
Technical Information. This Information relates to your internet connection, the equipment you use to access or use theServices, such as usage details, IP addresses, operating systems, browser or device type, and Information automatically collected through cookies, web beacons, and other tracking technologies, including external sites that you visited after accessing or using our Services ("Technical Information").
Communications. This Information consists of the records and copies of your correspondence (including email addresses) if you contact us ("Communications"). However, communications with our healthcare professionals shall be treated as personal Information.
Transactional Information. This Information consists of the details of transactions you carry out through the access or use of the Services and the fulfillment of your orders ("Transactional Information"). For example, you may be required to provide financial Information before placing an order for our Services, such as the purchase of a Collection Kit or other features of the services ("Add-Ons") that are not included with the initial access, use and/or download of our Services.
User Contributions. Information relating to User Contributions.
General Use. The Information that you provide to us is used to:
Upon your consent (which is given as a condition for your access and use of our Services), we are permitted to do the following:
Use of Genetic Information.
Genetic Information. If you elect to receive our Services, you will be sent a Collection Kit to deposit your Specimen. Upon receipt of your Specimen, we will assign your Specimen a unique identifier linked to your personal Information. We will order the PGx Testing for your Specimen and provide the Specimen to our laboratory for such testing. We will not provide our laboratory with your personal Information linked to the unique identifier assigned to your Specimen other than your gender, collection device barcode and date-of-birth for quality control purposes. Still, our laboratory will have access to such Information for audit and compliance purposes. Upon completion of the PGx Testing, our laboratory will provide us with the Results, including your sequenced DNA under the unique identifier assigned to your Specimen. Upon our receipt of the Results, we shall assign the Results to your personal Information as indicated by the unique identifier and enter the Results into our proprietary software to provide you with your Report. Upon your direction, we may share your Results and/or Report with your physician, healthcare provider, or any other person to whom you direct us to provide such Information. Upon such direction or request, you consent to share such Information pursuant to your direction.
Anonymous Information. We may create anonymous records of your Results, Reports, and SelfReported Information by removing your personally identifiable Information (meaning Information by which your identity can be determined with reasonable accuracy but does not include unique identifiers or codes assigned to you or your Sample that cannot singly be used to identify you) to create de-identified Results, Reports and Self-Reported Information ("Anonymous Information"). In addition, we may include Anonymous Information in a database comprised of other users' Anonymous Information ("Aggregated Database") which we may share or license to third parties.
Genetic Information. We may disclose or allow our laboratories access to Specimens and SelfReported Information subject to the terms contained herein. You may also choose to share Reports with others, but you should be careful in doing so. By using our Services, you consent to such disclosure.
Anonymous Information. You consent to our right to collect, store, and use Anonymous Information for any purpose at our sole and exclusive discretion. You hereby assign to us all rights, including intellectual property rights, in and to the Anonymous Information so that we are the sole and exclusive owners of such Information. To the extent that state or local laws prohibit you from assigning ownership rights in such the Anonymous Information, you grant us, our successors and assigns, a royalty-free worldwide, sublicensable, transferrable license to host, transfer, process, analyze, distribute, communicate and use Anonymous Information in perpetuity without any compensation to you, your successors, your heirs or your assigns. If you do not consent to the collection and use of Anonymous Information, you are prohibited from using the Services.
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Some browsers use a DNT (Do Not Track) feature that sends a signal or preference to the websites regarding DNT. Because there is no current accepted industry standard on responding to the different DNT signals, we do not currently respond to them on our website. However, we will continue to work with and stay abreast of any common industry standard that the online industry defines for treating DNT signals.
We do not control third parties' collection or use of your Information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your Information collected or used in this way.
You can review and change your personal information by logging into the Services and visiting your Account Profile.
You may also send us an email at customerservice@genecompanion.com to request access to, correct, or delete any personal information that you have provided to us or to destroy your Specimen. We cannot delete your personal information except by deleting your user account. We may not accommodate a request to change Information if we believe the change would violate any law or legal requirement or cause the Information to be incorrect. We will not delete any Anonymous Information.
This notice of privacy describes how we may use and disclose your protected health information (PHI) to carry out treatment, payment, or healthcare operations and for other purposes that are permitted or required by law. PHI is Information about you, including demographic Information, that may identify you, which may relate to your past, present, or future physical or mental health condition and related healthcare services. It also describes your rights to access and control PHI.
We are required by law to keep your health information private and provide you with this Notice of Privacy Practices. We take that responsibility seriously and will act according to this Notice. However, we reserve the right to change this Notice of Privacy Practices and make any new practices effective for all PHI we keep. Any changes to the Notice of Privacy Practices will be posted on our website:www.genecompanion.com.
We use and disclose health information about you only to physicians and anyone you choose and authorize and request to see your Information. You have the authority to share your Information from the Gene Companion system with only the people you choose to share it with. The following examples are not comprehensive but serve as a description of the types of uses and disclosures that may be made.
TREATMENT: We may use or disclose your PHI to a physician or other healthcare provider providing treatment to you at the request of you or your physician.
HEALTHCARE OPERATIONS: We may use and disclose your PHI, as needed, to support our company's business activities and provide the Services. These activities include, but are not limited to, quality assessment and improvement activities, accreditation, certification, licensing, competency reviews, and conducting or arranging for other business activities in which our company is involved. We may share your PHI with third-party business associates that perform various activities on behalf, such as billing. Whenever an arrangement between our company and a business associate involves the use or disclosure of your PHI, we will have a written contract in place that contains terms that will protect the privacy of your PHI. We may contact you to make sure you are happy with our service. [2:32 PM] Jason Kalashian We may use or disclose your PHI as necessary to obtain your feedback regarding our services.
RESEARCH: We may use your PHI to create de-identified Information or Anonymous Information or disclose your Information to a business associate so that the business associate can create de-identified Information on our behalf. When we de-identify health information, we remove Information that identifies you as the source of the Information. Health information is considered deidentified only if there is no reasonable basis to believe that the health information could be used to identify you. In addition, your de-identified Results and Reports may be used or disclosed by us for research or business purposes.
USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION BASED UPON YOUR WRITTEN AUTHORIZATION: Other uses and disclosures of your PHI will be made only with your written authorization unless otherwise permitted or required by law. You may revoke this authorization unless permitted or required by law. You may revoke this authorization, at any time, in writing, except to the extent that Gene Companion or Gene Companion associates have taken any action in reliance on the use of disclosure indicated in the authorization.
USES AND DISCLOSURE OR PROTECTED HEALTH INFORMATION THAT MAY BE MADE WITHOUT YOUR CONSENT, AUTHORIZATION, OR OPPORTUNITY TO OBJECT: In an emergency, when communication or language is very limited, when required by law, when there are risks to the public, to conduct health oversight activities, to report suspected child abuse or neglect, to certain government agencies who monitor activity, in connection with court or government cases, for law enforcement purposes, to coroners and funeral directors and for organ donation, if health or safety is seriously threatened.
YOUR RIGHTS REGARDING PROTECTED HEALTH INFORMATION: You have the right to review and ask for a copy of your health information. You may inspect and obtain a copy of your PHI that is maintained in a designated record set for as long as we maintain PHI as seen in your reports within the app. You may not be allowed to inspect or copy your PHI in certain situations. For example, the Clinical Laboratory Improvement Amendments (CLIA) only permit authorized persons to receive clinical laboratory test records and results as defined by state law. You have the right to request that access to your health information be limited. You may ask us not to disclose any part of your PHI for treatment, payment, and healthcare operations. Any request must state the specific restriction requested and to whom you want the restriction to apply. We will consider your request but are not legally required to accept it. In addition, you may not limit the uses and disclosures we are legally required to make. You have the right to request to receive private communication in another way or at another location. We will agree to reasonable requests. You have the right to request changes to your health information. This means you ask for changes to be made (amended) in PHI about you in a designated record set for as long as we keep this Information. In certain cases, we may deny your request for a change. If we deny your request, you have the right to file a statement with Gene Companion customer service stating that you disagree. We may prepare a response to your statement and will provide you with a copy of this response. Requests for changes must be in writing to Gene Companion customer service and should state the requested time period. You have the right to obtain a paper copy or electronic copy of this notice. You may also file a written complaint with the Secretary of Health and Human Services (www.hhs.gov/ocr/hipaa). We will not retaliate against you if you file a complaint about our privacy practices.
QUESTIONS OR TO FILE A COMPLAINT: Please contact Gene Companion if you have questions regarding your privacy rights or to make any of the requests described in this Notice of Privacy Practices. In addition, if you believe your privacy rights have been violated, you may file a complaint by contacting Gene Companion customer service at:
Email us at customerservice@genecompanion.com
Your California Privacy Rights
California Civil Code Section ยง 1798.83 permits users of our Website that are California residents to request certain Information regarding our disclosure of personal Information to third parties for their direct marketing purposes. To make such a request, please email customerservice@genecompanion.com.
We have implemented measures designed to secure your personal Information, Registration Information, Results, Reports, and Self-Reported Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All Information you provide to us is stored on our secure servers behind firewalls. We also limit access to Registration Information, Results, Reports, and Self-Reported Information to our employees and contractors who we believe need access to such Information to provide the Services to you.
The safety and security of your Information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. In addition, we urge you to be careful about giving out Information in public areas of the Services like message boards. The Information you share in public areas may be viewed by any user of our Website.
Unfortunately, the transmission of Information via the internet is not completely secure. Although we do our best to protect your personal Information, we cannot guarantee the security of your personal Information transmitted through the Services. Therefore, any transmission of personal Information is at your own risk. We are not responsible for circumventing any privacy settings or security measures contained in the Services.
It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website home page. For example, suppose we make material changes to how we treat our users' personal Information. In that case, we will notify you by email to the email address specified in your account or through a notice on the Website home page or through the Gene Companion app. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active, deliverable email address for you and for periodically visiting our Website and this Policy to check for any changes.
Our Website, App, and Services are not intended for children under 18 years of age. No one under the age of 18 may provide any information to or on the Website or App. We do not knowingly collect personal Information from children under 18. If you are under 18, do not use or provide any information on this Website or App or on or through any of its features, make any purchases through the Website or App, use any of the interactive or public comment features of this Website or App, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental or guardian consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at customerservice@genecompanion.com.
To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:
Email us at customerservice@genecompanion.com