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Website Privacy Policy

OmniSeq, Inc. and its subsidiaries and affiliates (hereinafter referred to as “us,” “we,” “our,” or “Company”) have created the following Privacy Policy for when you visit our Website: www.omniseq.com or our desktop and mobile operations (collectively referred to as “Website”).  This Privacy Policy describes, among other things, the types of information collected about you, how we use your information and how your information can be accessed and updated.

This Privacy Policy is governed by our Terms & Conditions of Use, which is also available on our Website.  By using the Website, you consent and agree to the Privacy Policy and Terms & Conditions of Use.  If you are based in the European Economic Area (“EEA”) or European Union (EU), this Privacy Policy serves as notice of how we process your Personal Data (defined below) for which we are a controller.  If we require your consent, we will request it formally, in adherence to applicable data protection laws.

I. INFORMATION WE COLLECT
II. HOW WE USE YOUR INFORMATION
III. LINKS TO THIRD-PARTY WEBSITES AND SOCIAL MEDIA FEATURES
IV. OUR RIGHT TO CONTACT YOU
V. INFORMATION PROTECTION
VI. NOTICE TO PERSONS IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA
VII. CONSENT TO TRANSFER
VIII. UPDATING AND ACCESSING YOUR INFORMATION
IX. CHILDREN’S INFORMATION
X. CONSENT AND OPT-OUT
XI. YOUR CHOICES
XII. CHANGES TO THIS PRIVACY POLICY
XIII. HOW TO CONTACT US

I. INFORMATION WE COLLECT

To operate our Website and provide you with access to certain services, we may collect the following types of information which are described in more detail below: (A) information you provide to us, (B) information we automatically collect, and (C) information we receive from third parties.  All of the information listed in (A)-(C) above, are detailed below, and hereinafter referred to as “Information.”

A.    Information You Provide to Us

You may provide your personal Information to us during your direct interactions through our Website, such as when you access various content or features, contact us directly, sign up for services, or other areas in which you otherwise interact with our Website.  In using our Website, you may provide us with Information, including, without limitation:

  1. Your contact Information including name, screen name, address, telephone number and email address;
  2. The email addresses of visitors that communicate with us via email; information provided by the visitor in online forums, registration forms, surveys, email messages, and other digital online features (including demographic and personal profile data);
  3. Information you may submit to schedule an appointment such as information about your diagnosis, date of birth, services sought, referring doctor, and patient status;

and

  1. Any other Information you provide to us.

We may combine such Information with information we already have about you.  We may also collect the email addresses of our visitors that we communicate with through questionnaires, surveys, email messages, social media, and other digital online features and platforms (including demographic and personal profile data).

B.    Information We May Automatically Collect

We also collect Information about you from your visit to our Website including:

  1. IP address;
  2. Your geographic location;
  3. Date and time of your visit;
  4. Domain server;
  5. Type of computer, web browsers, search engine used, operating system, and/or platform or web browser you use;
  6. Data identifying the web pages you visited prior to and after visiting our Website; and/or
  7. Your movement and activity within the Website, which may be aggregated with other information.

We use a few different technologies to collect this Information:

  • The Website may place small files, called “cookies” onto your computer.  Cookies are data files that websites write onto computer hard drives for record keeping purposes when you visit them.  The cookie file then identifies you as a unique user.  Cookies make your use of the Website more pleasing and efficient by “personalizing” your Website experience and gathering Website statistical data, such as which parts of the Website you have previously visited, what material you downloaded, your Internet provider’s domain name and country, and the addresses of websites you visited immediately before and after our Website.  They enable us to tailor the information you receive and to assist us in identifying you as a customer or Website user.  Most web browsers automatically accept cookies unless you have configured yours not to accept them.  You can program your browser not to accept cookies, but if you do, you may not be able to use certain portions of the Website and the Website will not be able to customize certain features according to your preferences.
  • Web Beacons. Small graphic images or web programming code called web beacons (also known as “pixel tags” or “clear GIFs”) may be included on the pages of the Website and in email messages we send you.  Web beacons or other similar technologies may be used for several purposes, such as to count visitors to the Website, monitor how you navigate the Website or to count how many particular links posted on the Website were actually viewed.
  • Mobile Device Identifiers. Certain mobile service providers uniquely identify mobile devices and we and our third-party service providers may receive such device information if you access the Website through a mobile device.  Certain features on the Website may require collection of mobile phone numbers and we may associate that phone number to mobile device identification information.  Additionally, some mobile service providers operate systems that pinpoint the physical location of devices that use their services.  Depending on the provider, we and our third-party service providers may receive this Information.
  • Embedded Scripts. An embedded script is programming code designed to collect Information about your use of the Website, such as the links you click on.  The code is temporarily downloaded to your computer from our web server or a third-party provider, is active only while you are connected to the Website and is deactivated or deleted once you leave the Website.
  • “Analytics” are tools we use, such as Google Analytics, to help provide us with information about traffic to our Website. These services use the data collected to track and monitor the use of our Website, which it shares with other services and websites who use the collected data to contextualize and personalize the ads of its own advertising network.  Google services make use of Google’s Tag Manager.  For more information about Google’s use of data for marketing purposes, please see the summary page:  https://www.google.com/policies/technologies/ads, Google’s privacy policy is available at https://www.google.com/policies/privacy.
    • You can opt-out of having your activity on the Website made available to Google Analytics by installing the Google Analytics opt-out browser add-on (https://tools.google.com/dlpage/gaoptout) for your web browser.
  • We, or third-party companies with whom we collaborate or hire to perform services on our behalf, may use your Information to text, email, or contact or share with you with information that we believe may be useful to you, such as information about products or services provided by or through us through permissible targeted advertisements or related to our Website. You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at http://optout.networkadvertising.org/?c=1.
  • Some users engage a Do Not Track (DNT) setting to indicate a preference regarding tracking by advertisers and other parties. We do not respond to DNT signals.

C.    Information We Receive from Third Parties

We may collect additional Information about you from third-party websites, or sources providing publicly available information, to help maintain and support your account.  We reserve the right to request any additional information necessary to establish and maintain your account for use of the services and access to the restricted areas.

D.    Information We Receive from Your Health Care Providers and Other Sources

In connection with services that involve medical diagnosis and treatment, we may collect health care records from your past, current, and future health care providers.  This may include information about your diagnosis, previous treatments, general health, laboratory and pathology test results and reports, social histories, any family history of illness, and records phone calls and emails related to your health status contained in your health care records.

II. HOW WE USE YOUR INFORMATION

A.    Use and Purpose of Processing Your Information

  • Foster product development and research;
  • Provide you information about enrollment and our services;
  • To respond to your questions and inquiries;
  • Communicate with you via email, text, Social Media Platforms, chat rooms, about information we believe you would be interested in and/or regarding our services, provided that you have not already opted-out of receiving such communications;
  • Improve our Website and address any technical issues;
  • Provide targeted advertisements to you;
  • Analyze the use of the Website to improve our service offerings and produce anonymous or aggregated data and statistics that might help third parties develop their own products and service offerings;
  • Customize the Website for your interests;
  • Create an account;
  • Provide customer services;
  • To the extent applicable, for processing your premium payments;
  • Comply with our Terms and Conditions of Use (which is available on our Website);
  • Comply with any applicable laws and regulations and respond to lawful requests; and
  • For any other purposes disclosed to you at the time we collect your Information or pursuant to your consent.

We handle your Information to help further what we believe are our legitimate interests in commercial activities that are not overridden by the interest or fundamental rights and freedoms of the individuals at issue.  We also may need to use and disclose your Information to comply with our legal obligations.  For example, we may provide your Information to government officials and agencies as required by law, and our affiliates as part of business operations.  When required by law, and in some other cases, we process the Information after obtaining consent from the individual.

We, and through the use of third-party providers, use and process your Information above for things that may include, but are not limited to, the following:

  • Fulfill your requests for services and information;
  • Respond to your inquiries;
  • Communicate with you about our services or general information from us or on behalf of our affiliation, provided that you have not already opted-out of receiving such communications;
  • Improve our Website and resolve any technical problems;
  • Provide targeted advertisements to you;
  • Analyze the use of the Website and Information about visitors to our Website to understand and improve our service offerings and, in accordance with our sharing policies, discussed below, to produce anonymous or aggregated data and statistics that might help third parties develop their own products and service offerings;
  • Comply with our Terms & Conditions of Use (which is available on our Website);
  • Comply with any applicable laws and regulations and respond to lawful requests; and/or
  • For any other purposes disclosed to you at the time we collect your Information or pursuant to your consent.

B.    How Long We Keep Your Information

We will retain your Information for so long as needed for us to fulfill to the purposes listed above, consistent with any applicable laws and agreements.  We may also retain and use your Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.  To dispose of Information, we may anonymize it, delete it, or take other appropriate steps.  In accordance with our routine record keeping, we may delete certain records that contain Information you have submitted to us.  We are under no obligation to store such Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Information.

C.    Sharing Your Information

We may share Information, such as aggregate user statistics, with non-affiliated third parties.  We may provide data, including Information about you, with our affiliates and subsidiaries.  We may also share your Information as disclosed at the time you provide your Information, as set forth in the Privacy Policy and in the following circumstances:

  • Third-Party Service Providers.  In some cases we may employ third-party service providers to perform certain services on our behalf, including, without limitation: (i) processing your Information to provide services to you or requests you have made; (ii) providing customer service; (iii) shipping, sending postal mail and emails; (iv) analyzing, updating and correcting information we receive on the Website; (v) performing business analysis, data processing and/or quality control; (vi) providing marketing assistance, search results and links (including, without limitation, paid listings and links); (vii) processing credit card and debit card payments; (viii) hosting our databases; (ix) providing you with information you requested; (x) scheduling appointments; and/or (xi) obtaining access to patient portal materials. Consequently, we may share your Information with these third-party service providers if they need it to perform services on our behalf.  These are different third-party websites and we are not responsible for their website or services.  You must review and agree to their Privacy Policies and Terms & Conditions when purchasing products from the Website.  For more information regarding third-party service provider privacy policies, please see their websites.  For more information regarding third-party service provider privacy policies, please see their websites for the most updated versions/links and opt-out capabilities.  However, such third-party service providers are not authorized by us to use your Information for any other purpose.
  • Disclosure of Customer Information for Legal and Administrative Reasons.  We may disclose your Information without notice: (i) when required by law or to comply with a court order, subpoena, search warrant or other legal process; (ii) to cooperate in investigations of fraud, intellectual property infringement or any other activity that is illegal or may expose us or you to legal liability; (iii) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Information); (iv) to protect and defend the rights, property or safety of us, our subsidiaries and affiliates and any of their officers, directors, employees, attorneys, agents, contractors and partners, and the Website’s users; (v) to enforce or apply the Website’s Terms & Conditions of Use; and (vi) to verify the identity of the Website’s users.
  • Business Transfers. Your Information may be transferred, sold, or otherwise conveyed (“Conveyed”) to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganize.  You consent to any and all such Conveyances of your Information.
  • Information Shared with our Subsidiaries and Affiliates. To the extent we may share your Information with our subsidiaries and affiliates.  If you do not want us to share your Information with our subsidiaries and affiliates, please email us at privacyofficer@omniseq.com.
  • Aggregated Information. We reserve the right to disclose to third parties’ Information about usage of our Website and any related services, including Information gathered during your use of the Website.  Any Information disclosed for this purpose will be in the form of aggregated data (such as overall patterns or demographic reports) that does not describe or identify any individual user.
  • Protected Health Information. If you utilize OmniSeq, Inc. services (and not someone visiting our Website only for informational purposes), then it is possible that you may also provide us with Information that constitutes health information protected by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  Our Notice of Privacy Practices explains how we may use and disclose health information to carry out payment and health care operations and for other purposes that are permitted or required by law.  “Health information” that is protected under HIPAA by health plans (“Protected Health Information”) generally includes claims information and any other information that relates to an individual’s past, present or future physical or mental health.

Except as provided in this Privacy Policy, we will not sell, rent, or license your Information we have collected to any third party without your consent.

III. LINKS TO THIRD-PARTY WEBSITES AND SOCIAL MEDIA FEATURES

While on the Website or when viewing an email or other content provided by us or the Website, you may encounter links to other websites and social media platforms operated by other parties, such as Facebook, Instagram, Twitter (“Social Media Features”).  These Social Media Features may collect your IP address, track which page you visit on our Website, and may set a cookie to enable the feature to function properly.  Your interactions with these Social Media Features are governed by the privacy policy of the company providing it.  We encourage you to carefully read the privacy policy of any company that provides the features you choose to interact with.  Links to any other party’s website or content do not constitute or imply an endorsement or recommendation by us of the linked website or content.

Additionally, if you access links to third-party websites or Social Media Features through our Website to login to the Website, we may collect information from these third-party services.  If you choose to engage in public activities on the third-party websites that we link to, you should be aware that any information you share there can be read, collected, or used by other users of these sites and forums.  You should use caution in disclosing personal Information while participating in these areas.  We are not responsible for the Information you choose to submit in public areas.

IV. OUR RIGHT TO CONTACT YOU

We may contact Website visitors who provide us information regarding account status, our privacy statement, or any other policies or agreements relevant to site visitors, including for marketing or advertising purposes.  You agree that we may contact you by way of text, email, or telephone.

V. INFORMATION PROTECTION

We use procedures and safeguards to help protect the confidentiality of your Information.  However, you should assume that no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure.  The confidentiality of any communication, information or other material transmitted to or from OmniSeq, Inc. via web, mobile, or email cannot be guaranteed.  Accordingly, OmniSeq, Inc. is not responsible for the security or confidentiality of information being transmitted via the Internet, the World Wide Web, mobile applications, or other global computer networks.  OmniSeq, Inc. will have no liability for disclosures of Personally Identifiable Information due to errors in transmission or unauthorized acts of third parties.  OmniSeq, Inc. disclaims all liability, whether in tort, contract, or otherwise, for the misuse, access, acquisition, deletion, or disclosure of your Information.

If you believe that your Information has been accessed or acquired by an unauthorized person, you shall promptly contact us at How to Contact Us so that necessary measures can be taken immediately.

VI. NOTICE TO PERSONS IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA

A.    Your Rights

To the extent certain European data protection laws apply and we hold any of your “personal data” as defined in such laws (which may include some or all of your Information as defined in this Privacy Policy), and we hold such personal data in our capacity as a data controller as defined under those laws, you may request that we:

  1. Restrict the way that we process and disclose your Information;
  2. Transfer your Information to a third party;
  3. Revoke your consent for processing of your Information;
  4. Provide you with access to your Information;
  5. Remove your Information if no longer necessary for the purposes collected;
  6. Prevent the processing of your Information for direct-marketing purposes; and/or
  7. Update your Information so it is correct and not out of date.

If you wish to object to the use and processing of your personal data, or withdraw consent to this Privacy Policy, you can contact us in the following ways:

  1. E-mail: privacyofficer@omniseq.com
  2. Send mail to the following postal address:
    OmniSeq

700 Ellicott Street

Buffalo, New York 14203

  1. Call us at: 1-800-781-1259

The requests above will be considered and responded to in the time-period stated by applicable law.  Note that certain Information may be exempt from such requests.  We may require additional information from you to confirm your identity in responding to such requests.  You have the right to lodge a complaint with the authorities applicable to you and your situation, although we invite you to contact us with any concern as we would be happy to try and resolve it directly.

 

B.    Lawful Basis for Processing Your Information

As described throughout this Privacy Policy, we believe the foregoing handling of your Information, which may include your personal data, furthers our legitimate interests in commercial activities that are not overridden by the interest or fundamental rights and freedoms of the individuals at issue.  Depending on what personal data we collect from you and how we collect it, we rely on various grounds for processing your personal data, including the following reasons:

  • To administer our contractual relationship, including setting up any services you may request;
  • Because it is in our legitimate interest to effectively and efficiently operate our business and provide you with the services offered through the Website and other useful content and for other marketing, design, and advertising purposes;
  • To process employee data, prevent against fraud, provide technology security, and other necessary Company operational matters;
  • In order to fulfill any legal obligations, we may have to collect this Information from you; and/or
  • Because you have provided your consent for us to do so.

We also may need to use and disclose your Information to comply with our legal obligations.

VII. CONSENT TO TRANSFER

The Website is hosted in the United States and portions of our site may be supported by a network of computers or cloud-based servers in other jurisdictions.  If you are located outside of the United States, please be aware that Information, including personal data, that we collect will be transferred to, stored, and processed in the United States.  By using the Website, or providing us with any Information, you consent to this transfer, processing, and storage of your Information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.  We collect and transfer to the United States Information, including personal data, with your consent, to perform a contract with you, or to fulfil a compelling legitimate interest of Company in a manner that does not outweigh your rights and freedoms.  We endeavor to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with us and the practices described in this Privacy Policy.  We also enter into data processing agreements and model clauses with vendors whenever feasible and appropriate.

VIII. UPDATING AND ACCESSING YOUR INFORMATION

To the extent other state laws provide users with additional data subject rights, those rights may be honored by the Company following proper authentication and verification.  Please see the How to Contact Us section below for more information.

IX. CHILDREN’S INFORMATION

The Website is not intended for users under the age of eighteen (18).  We will not knowingly collect or use any Information regarding a user under the age of eighteen (18) without the consent of a parent or legal guardian.  If you believe that we have unintentionally collected Information about those under the age of eighteen (18), please contact us at privacyofficer@omniseq.com.

X. CONSENT AND OPT-OUT

By submitting your Information, you affirmatively consent to receive emails, or phone calls about the Website or our services that we determine in our sole discretion may be of interest to you and you consent to the collection and use of your Information as set forth in this Privacy Policy.  If you withdraw your consent, you agree that despite withdrawal we may continue to use your Information previously provided to us to the extent that we are legally or contractually obligated to do so and to the extent necessary to enforce any contractual obligations you may have to us.  You also understand that in withdrawing consent, we may no longer be able to provide you with services previously available with consent.

See Your Choices, below, for how you can update the way we contact you.

XI. YOUR CHOICES

  1. By using our Website, you agree that we may contact you by email as set forth herein.  If you do not want to receive marketing and promotional emails from us, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications or How to Contact Us.
  2. Mobile Push Notifications.  By using our Website, you agree that we may contact you by calling or sending messages to your phone. You can use the settings on your mobile device to enable or turn off mobile push notifications from us or How to Contact Us.
  3. Location Choices.  You can change the privacy settings of your device at any time to turn off the sharing of location information with our Website. If you choose to turn off location services, this could affect certain features or services of our Website.  If you have specific questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.
  4. Opting Out of Direct Marketing. To exercise choices regarding the marketing information you receive, you may also review the following links:
    • You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at aboutads.info/appchoices.
    • You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at http://optout.networkadvertising.org/?c=1 or visiting About Ads at http://optout.aboutads.info.
    • You can opt-out of having your activity on our Website made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser.

XII. CHANGES TO THIS PRIVACY POLICY

We reserve the right to change, modify or amend this Privacy Policy at any time to reflect changes in our products and service offerings.  If we modify our Privacy Policy, such changes will be effective upon posting.  It is your obligation to check our current Privacy Policy for any changes.

XIII. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Information we have collected about you, please send us an email at privacyofficer@omniseq.com, write us at OmniSeq, Inc. 700 Ellicott Street, Buffalo, New York 14203 or call us at 1-800-781-1259.

 

Last Updated: September 1, 2021