Last Modified: March 23, 2021
- SHARING AND DISCLOSURE OF PERSONAL INFORMATION We may share or disclose your personal information in the following circumstances: • Website / e-commerce Service Providers. We may employ other companies and individuals to facilitate our Site and Services (“Service Providers”), provide the Services on our behalf, perform Service-related services or assist us in analyzing how our Site and Services are used. The Service Providers have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. The Service Providers are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. • Labs and Health Consultants. We may disclose your information to the Lab(s) and Health Consultants involved in providing you Services. Upon your request, we may disclose your information to others involved in your care, including your healthcare providers, the health system or clinic where your provider practices, and other providers that you designate to receive your information. • Research and Development. We may use your de-identified information and test results in our research. We may engage in research with third parties like universities, hospitals, health systems, government institutions, or private companies to develop new tests, validate technologies, or improve existing technologies or processes. You can opt out of such third party research by contacting us directly at firstname.lastname@example.org. However, if you have consented in the past and later opt out, we cannot retract your de-identified information, and/or results from research already performed. We may author publications using de-identified information, either on our own or in collaboration with academic or commercial third parties. • Within Our Corporate Organization. We may share your personal information with our subsidiaries and affiliates in order to provide you with the Services and take actions based on your requests. • Corporate Transactions. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Site users and Members is among the assets transferred, and you agree to and do hereby consent to our assignment or transfer of rights to your personal information. • Analytics. We may share aggregated, de-identified information (for example, aggregated trends about the general use of our Services) publicly and with our affiliates, subsidiaries, and partners. This information will not include medical information. • Third Party Advertisers. In certain circumstances we may share your personal information with third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. • Consent. We may disclose your personal information for any purpose with your consent. • As Required by Law. Under certain circumstances your personal information may be subject to processing pursuant to laws, regulations, judicial or other government subpoenas, warrants, or orders. We may be required to disclose personal information in coordination with regulatory authorities in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or for public health purposes, including reporting COVID-19, HIV, and certain sexually transmitted disease results to public health regulatory bodies. We will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce our Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of HealthConfirm, its employees, its users, its clients, and the public. Please note that we may disclose, without restriction, aggregated or anonymized information about our users, which is information that does not identify any specific individual.
- MARKETING COMMUNICATIONS We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: If you do not wish to have your email address or other contact information used by us to promote our own or third parties’ products or services, you can opt-out by sending an email stating your request to email@example.com. You may also choose to stop receiving our promotional or marketing communications by following the “unsubscribe” instructions included in these messages. This opt out does not apply to information provided by us as a result of a product purchase, warranty registration, product service experience or other transactions. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to the prior privacy settings. Additionally, you should be aware that any information provided to third parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.
- DATA SECURITY We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third party payment processors, who will use appropriate security procedures. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. You should not share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site. 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 to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
- INFORMATION AND SAMPLE RETENTION. We are subject to multiple laws on the retention of information and will retain your information for as long as is reasonably necessary to comply with our business and legal obligations and to meet regulatory and compliance requirements.
- GEOGRAPHIC RESTRICTION Our Site is intended for individuals who are 18 years of age or older and reside in the United States of America. We make no representations that our Site or Services are appropriate or available for use outside of the United States. If you are a resident of another country, or are accessing the website from outside of the United States, please note that you are transferring data to the United States of America which does not have the same data protection laws as the European Union and other regions.
- CHILDREN’S PRIVACY.
We are committed to protecting the privacy of children as well as adults. A parent or guardian may create an account for, and provide information related to, his or her child who is under the age of 18. The parent or guardian assumes full responsibility for ensuring that the information that he/she provides is kept secure and that the information submitted is accurate.
- PRELIMINARY EQUITABLE RELIEF AND INTELLECTUAL PROPERTY CLAIMS Either party may bring a claim related to intellectual property rights, or seek temporary or preliminary specific performance or temporary or preliminary injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.
- Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under the Agreement. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
- Limitation of Time to File Claims. Any action, claim or dispute you have against us must be filed within one year, unless prohibited by applicable law. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.