Privacy Policy – Genetic Information and Platform

PRIVACY POLICY FOR DNA TEST MOBILE APPS AND WEBSITES

 

Applicability & Acceptance of this Privacy Policy

This Privacy Policy governs the manner in which ORIG3N, Inc. (“we”, “our,” “us” and similar terms) collects, uses, maintains and discloses information collected from users (a “User”, as well as “you”, “your” and similar terms) of the mobile applications and websites (the “Apps”) through which we deliver our DNA test results to users (the “Services”). This Privacy Policy applies to the Apps and Services only, and not to any of our other applications, websites, or to any other products or services offered by us.

By using the Apps and the Services, you signify your acceptance of this Privacy Policy and our related Terms of Service.  If you do not agree to this Privacy Policy, please do not use our Apps and Services.

Changes to this Privacy Policy

We may, in our sole discretion, revise this Privacy Policy at any time and from time to time. Your continued use of the Apps and Services following the posting of revisions to this Privacy Policy will be deemed your acceptance of such revisions.  We encourage Users to frequently check the email account that they use in connection with the Apps, as well as this Privacy Policy, to stay informed about any changes to this Privacy Policy. You acknowledge and agree that it is your responsibility to review that email account and this Privacy Policy periodically.  The date at the bottom of this Privacy Policy will be updated for each revision.

Guiding Beliefs

At ORIG3N, we believe that:

  • Our users are the sole owners of their genetic information, and have the sole right to determine how that information is used.
  • People should have direct, affordable access to information about their genetics and their health.
  • When people better understand the links between genes, health and wellness, they can make educated, proactive choices about their future.
  • People should be in control of how their genetic information is used.
  • Regenerative medicine can improve the lives of people everywhere.
  • Together with our community, we can find treatments and cures faster.

 

Information that We Collect

We may collect all or any of the following information in the course of providing the Services (collectively, “User Information”):

  • Genetic Information” is all of the genetic information that can be derived from the sample of your DNA contained in the cheek swab that you provide us for analysis in connection with the Services (the “Sample”).
  • Personal Information”, which you provide us when registering for or using the Apps or Services, such as your name, billing and shipping addresses, email address, phone number, date of birth, user ID and password, and payment information.
  • Usage Information”, such as the browser name, the type of computer or phone a User is using, technical information about a User’s means of connecting to our Apps, such as the operating system and the Internet or mobile service providers utilized, and other similar information.
  • User-Generated Content”, which includes all information generated by a User and shared with ORIG3N, either privately or through public forums, on the Apps, such as messages, photos, audio, video, texts, data and other visual or audio content, as well as email addresses of those with whom you share your Genetic Information through the Apps.
  • Voluntarily-Provided Information”, which is information voluntarily provided by Users in response to surveys, polls and similar forms through which information may be requested on or through the Apps (other than Personal Information and User-Generated Content). To the extent that any of this information includes information concerning family members, you should ensure that your family member has permitted you to provide such information, and by providing such information to us, you are representing that you are permitted to do so.

We may collect any of the foregoing information from Users in a variety of ways, including but not limited to when Users visit the Apps, register on the Apps, fill out a survey or other form, purchase our products, subscribe to a newsletter, mailing list or other communication tool, contact us via email, and in connection with other activities, services, features or resources we make available on our Apps from time to time.

Our Apps may use “cookies” to enhance User experience. A User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert the User when cookies are being sent. If a User does so, some parts of the Apps may not function properly.

How We Use the Information that We Collect

Genetic Information.  OUR USERS ARE THE SOLE OWNERS OF THEIR GENETIC INFORMATION, AND HAVE THE SOLE RIGHT TO DETERMINE HOW THAT INFORMATION IS USED.  WE WILL NOT USE YOUR GENETIC INFORMATION FOR ANY PURPOSE OTHER THAN TO PROVIDE THE SERVICES, WITHOUT YOUR PRIOR CONSENT. BY DEFAULT, YOUR GENETIC INFORMATION WILL BE KEPT PRIVATE, UNTIL SUCH TIME, IF ANY, AS YOU CONSENT TO USE OF IT IN ANY OTHER MANNER, OR YOU CHOOSE TO SHARE YOUR INFORMATION WITH OTHERS.

Personal Information. We use Personal Information for purposes of delivering the Services, sending you promotional materials and news from ORIG3N and its affiliates and partners, for other communications relating to the Apps and the Services, and for processing transactions related to our DNA tests.  We will not sell or use your Personal Information for any other reason, except to the extent that you consent for us to do so, for example in connection with using your Genetic Information, and in any event only as provided pursuant to this Privacy Policy.  You may unsubscribe to some or all promotional notices at any time, but you may not opt out of receiving certain messages related to the Services, your account, purchases and similar notices.

Usage Information.  We use your Usage Information for a variety of purposes, such as to understand how our Users as a group use the Apps, to improve the Apps, to personalize User experience, and to process transactions.

User-Generated Content.  We use User-Generated content to more effectively respond to your customer service requests and support needs, to improve customer service, to facilitate online message boards and posts in which Users participate and/or to which they contribute, and for similar purposes.

Voluntarily-Provided Information.  We use Voluntarily-Provided Information to send Users information that they agree to receive about topics that may be of interest to them, and to share User information with third parties, including for marketing or other purposes.  You may unsubscribe to some or all promotional notices at any time.

Use or Disclosure Required by Law.  ORIG3N and its affiliates are expressly permitted to use any or all of the User Information to the extent that it is required or compelled to do so by law.  ORIG3N shall be under no obligation to contest a valid order of a court or other governmental body to disclose User Information.  No such use or disclose will be considered a breach of this Privacy Policy.

User Options for Sharing Genetic Information

Users may share genetic information in a variety of ways.

Sharing Genetic Information for Research and Other Purposes.  Users who have not indicated whether they would like to share their Genetic Information with ORIG3N for research and other purposes are prompted to do so via a popup screen within the Apps.  If you would like to share your Genetic Information, or that of a minor for whom you have the authority to provide such consent, you will have the option to elect to do so via this screen.  If you initially decline to share your Genetic Information, but subsequently would like to do so, you can do so in the Settings portion of the App.  Users who wish to share their Genetic Information in this way will have the option of anonymously (i.e., disassociated from the User’s Personal Information), or together with the User’s Personal Information.  If you consent to use of your Personal Information, you agree to be contacted for research, clinical studies and for other reasons.

IMPORTANT:  YOUR CONSENT TO OUR USE OF YOUR GENETIC INFORMATION FOR RESEARCH AND OTHER PURPOSES CONSTITUTES A PERPETUAL, IRREVOCABLE, FULLY PAID-UP, WORLDWIDE, NON-EXCLUSIVE RIGHT AND LICENSE, WITH THE RIGHT TO SUBLICENSE THROUGH MULTIPLE TIERS, TO MAKE, HAVE MADE, USE, SELL, OFFER TO SELL, IMPORT AND EXPORT YOUR GENETIC INFORMATION.  THIS MEANS, IN PART, THAT ONCE YOU HAVE CONSENTED TO USE OF YOUR GENETIC INFORMATION, YOU MAY NOT WITHDRAW THAT CONSENT.  YOU ACKNOWLEDGE AND AGREE THAT BY PROVIDING YOUR CONSENT TO USE OF YOUR GENETIC INFORMATION, YOU WILL NOT RECEIVE ANY COMPENSATION RELATED TO OR ARISING FROM ORIG3N’S OR ITS PARTNERS’ USE THEREOF, AND WILL NOT ACQUIRE ANY RIGHTS IN PRODUCTS INCLUDING, DERIVED FROM OR BASED UPON YOUR GENETIC INFORMATION, OR IN ANY RESEARCH RELATED THERETO.

Sharing Genetic Information with Third Parties. The Apps offer the ability to share Genetic Information by email, posting to social media and other websites, and by printing the information and sharing a hard copy.  As examples, you may choose to share your Genetic Information with third parties such as family, friends, doctors, healthcare professionals, other service providers, and other persons, or social networks (collectively, “Third Parties”). You may share your Genetic Information at your discretion.

If you desire to share Genetic Information with another person by email, we will ask for that person’s email address.  We will use the email address to share your Genetic Information.  By choosing to share information with another person by email, you confirm that the person has given you consent for ORIG3N to communicate with him or her.

If you share Genetic Information with Third Parties via websites, such as social media sites, such sites may collect your IP address and other information, and your use of such sites, including the sharing of your Genetic Information on these sites, will be governed by the policies of the sites on which this information is shared.

If you share your Genetic Information, or that of a minor, with Third Parties, we will not be able to take measures to ensure that such information is not shared going forward by those Third Parties or persons who have access to sites on which information is shared with Third Parties, or to restrict in any way how it may be used or disclosed.  We will not have any liability to you related to or arising out of your decision to share your Genetic Information, or that of a minor, with Third Parties.

NEITHER ORIG3N NOR ITS AFFILIATES OR PARTNERS WILL HAVE ANY LIABILITY TO YOU OR A MINOR ON WHOSE BEHALF YOU AUTHORIZE THE SHARING OF GENETIC INFORMATION, RELATED TO OR ARISING OUT OF THE SHARING OF YOUR, OR A MINOR’S, GENETIC INFORMATION WITH ORIG3N OR ANY THIRD PARTIES, OR THE USE OF SUCH GENETIC INFORMATION IN ACCORDANCE WITH THIS POLICY.

Information of Minor Children

A parent or guardian may collect a Sample from, create an account for, and provide information related to, a child who is a minor.  The parent or guardian assumes full responsibility for ensuring that the information that he or she provides to ORIG3N or its affiliates about the minor child is kept secure and that the information submitted is accurate.

How we Protect User Information

We adopt data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of User Information and data stored on our Apps.  Commercial transactions occurring on the Apps are processed over a SSL secured communication channel.

User Information may be stored in United States and/or in foreign countries.  Ultimately, the requirements of governments other than those of the United States may apply to User Information.

Third Party Websites

Users may find advertising or other content on our Apps that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Apps. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Apps, is subject to that website’s own terms and policies.  With respect to links from the Apps to our other websites (including other ORIG3N websites), please refer to the privacy policies on those websites.

Referral Information and Gifts

When you refer a person to ORIG3N by email, or purchase the Services as a gift for another person, we may ask for that person’s email address.  We (either directly or through vendors who administer such programs) will use the email address to make the referral or, as applicable, notify the person of the gift, and we will let the person know that you provided the referral or purchased the gift.  By participating in a referral program, or purchasing a gift for such person, you confirm that the person has given you consent for ORIG3N to communicate with him or her regarding the referral or the gift, as applicable.

If you use a third-party site, such as Facebook or Twitter, to post a referral, then we may also collect information on that site, such as your profile picture, gender, username, user ID, age, language, country, network or friend lists or lists of followers) depending on your privacy settings on the applicable third-party site.

Use and Retention of Your Sample and DNA

In order to provide the Services, we extract DNA from your Sample.  We retain your DNA should you desire to purchase additional Services at any time.  We reserve the right to retain or destroy your DNA in our discretion.  If you wish to have your DNA destroyed, you may request that we do so by written notice sent to services@orig3n.com or 27 Drydock Ave., 6th Floor, Boston, MA 02210.

Notwithstanding the foregoing, you understand and agree that we are entitled to retain DNA and Samples as may be required by law, to enforce this Privacy Policy or any other agreement between you and ORIG3N, to respond to claims made by Users or other third parties regarding the Apps and the Services, or otherwise to protect ORIG3N’s rights and properties.

Termination of User Account

If you no longer wish to receive the Services, you may terminate your account by sending a request to services@orig3n.com. We will remove all of your Genetic Information from the Apps within 30 days of our receipt of your request.  As indicated above, however, any Genetic Information or Personal Information will be available for use on an ongoing basis.  ORIG3N and its affiliates may also retain your Genetic Information as required by law or internal data retention policies. We will also retain limited Personal Information for internal reporting and compliance purposes, and as otherwise required by law.

Transfer of User Information, Samples and DNA in the Event of Acquisition

Your agreement to this Privacy Policy includes your consent to the transfer of your User Information, Sample and DNA to any entity that may acquire ORIG3N or its assets, either directly or indirectly, and to any affiliate of ORIG3N.

Third Party Beneficiaries

This Privacy Policy is between us and you, and does not grant any rights to third parties.

Governing Law; Dispute Resolution

This Privacy Policy will be governed by and construed in accordance with the laws of the State of Massachusetts, USA, without regarding to conflicts of law principles.  All disputes arising out of or related to this Privacy Policy shall be resolved by arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act, exclusively in Boston, Massachusetts.

Contacting Us

If you have any questions about this Privacy Policy, the practices of this Apps, or your dealings with this Apps, please use the contact form below, or contact us at:

ORIG3N, Inc.

27 Drydock Ave., 6th Floor
Boston, MA 02210

 

Last Updated:  September, 2017