Privacy Policy | Pathway Genomics

Privacy Statement

SUMMARY INTERNET PRIVACY STATEMENT
Effective Date - May 20, 2010

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT ME MAY BE USED AND DISCLOSED AND HOW I CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW CAREFULLY.

A Note to Non-U.S. Users

You expressly consent to the processing of your personal information in the United States in accordance with the Full Privacy Statement. United States privacy laws and regulations may be less stringent than the laws in your country.

SCOPE

The Full Privacy Statement that follows tells you how we collect, protect, use, and share the information you provide us and the choices you have regarding our use of, and your ability to correct, that information. The Summary Privacy Statement is intended to introduce the Full Privacy Statement, not replace it. Later, it also serves as a quick reference guide to key information. By using our services, you acknowledge that you have reviewed and agree to the terms of the Full Privacy Statement and the Terms of Service.

INFORMATION WE COLLECT

By accessing or using this Website or other services, purchasing a Saliva Collection Kit, or activating a Pathway Genomics account and submitting a sample, we will collect and store your personal information. This information identifies you or can be linked to your identity and Account Information. The following describes the types of personal information that we collect and store:

Account Information (contact and payment information, and information in Personal Settings)
Genetic Information

Sample and DNA Extract
Type of Genetic Report(s) (health or ancestry genetic report)
Genetic Testing-Based Health Information

Health Conditions (at risk diseases and complex health conditions)
Carrier Status (recessive diseases)
Drug Response

Ancestry Information (genealogical)

Survey-Based Information (Health, Family History, and Other Surveys)
Other Customer Provided Information

Friend's Name and Email
Genetic Counseling and Customer Service Notes

Online Profile Information (computer IP address and non-personal information, such as browser types, web page views)
Aggregate Information (summarized information unlinked to name or Account Information)

When you visit our site, use our services, or view our online advertisements, we use cookies and other technologies to collect Online Profile Information about you.

HOW WE USE YOUR INFORMATION AND YOUR CHOICES

Pathway Genomics collects and uses your Account Information, Genetic Information, Survey-Based Information, Other Customer Provided Information, and Online Profile Information to provide you our services.
Third Party Service Providers may have access to and use Account Information, Survey-Based Information, and Other Customer Provided Information to deliver these services to you on our behalf. They will have no access to Genetic Information, other than Type of Genetic Report.
You cannot opt-out from transactional communications that are essential to delivering our services to you, unless a marketing message or advertisement is included.
We analyze and use Aggregate Information (unlinked from your name or Account Information, and Online Profile Information (your computer IP address and non-personal information) to track and monitor aggregate usage of our website and to improve the quality and features of our website and services. You can delete cookies as described in Cookies, under the Online Profile Information section of Information We Collect.
We use your Account Information, Genetic Information, and Survey-Based Information to offer the right products and services from Pathway Genomics and Trusted Partners to you. In this case, we maintain control of your personal information. You can opt-out from receiving each of these marketing communications (see the "How To Exercise Your Choices" section that follows). You can also delete cookies as described in Cookies, under the Online Profile Information section of "Information We Collect."
If you elect to use our Refer-A-Friend service, we will send a one-time email to your friend inviting them to visit our website. We will not share this information with any marketing partners. Your friend may request, using the email or physical address identified in the Contact Us section, the removal of his name and email address from our database.

HOW WE SHARE YOUR INFORMATION AND YOUR CHOICES

Pathway Genomics will NOT share your Genetic Information or any other personal information with your employer or health insurance issuer, unless you expressly authorize us to do so.
Any reseller of our products or services should not collect personal information from you without your consent.
We may use your personal information, including Genetic Information, in a confidential manner (either unlinked from my name and Account Information or encrypted) to develop new testing methodologies and statistical information and tools for the purposes outlined in the Consent.
We may provide your Genetic Information and Survey-Based Information, de-identified (as defined by HIPAA (Health Insurance Portability and Accountability Act and HITECH regulations and unlinked from your name and Account Information) or encrypted, to research collaborators to conduct Pathway Genomics-authorized scientific research and development. You will be given the opportunity to opt-in before any encrypted personal information is released to a collaborative research partner. We also may pass on to you a research collaborator's request that you volunteer additional information or participate in a study. No name or Account Information is shared with a research collaborator without your express consent.
We may provide Aggregate Information, unlinked to your name or Account Information, to our advertisers to deliver individualized advertising to you. You can delete cookies as described in Cookies, under the Online Profile Information section of Information We Collect. Your express consent is required before your Account Information, Ancestry Information, Survey-Based Information, and Online Profile Information, is disclosed to our Approved Trusted Partners for Ancestry Information Sharing. No other Genetic Information will be disclosed. Pathway Genomics may receive information from the Approved Trusted Partner concerning the service requested by you, including contact and other personal information that you may have inputted on its website, with your express consent. See Approved Trusted Partner Qualification Requirements in the Full Privacy Statement.
If you are a customer as a result of participating in your employee wellness program, Pathway Genomics only provides your employer Aggregate Information unlinked to your name or Account Information.
We may disclose or report your personal information when we believe in good faith that the disclosure is required or permitted by law or regulation, a court order or other judicial or legal process or proceeding, or to cooperate with regulators or law enforcement authorities to resolve consumer disputes.
If Pathway Genomics enters into a business transaction, such as a merger, acquisition by another company, or selling some or all of its assets, your personal information will, in most instances, be part of the assets transferred. We will require the acquiring company to comply with the material provisions of the Full Privacy Statement.

HOW TO EXERCISE YOUR CHOICES

Opt-outs - To the extent you are permitted, you may exercise your right to opt-out by either a) clicking the unsubscribe link in the footer of any Pathway Genomics' email or replying with unsubscribe in the subject line, or b) writing to us at the address in the Contact Us section at the end of this Privacy Statement.
Opt-ins - You may exercise your right to opt-in when expressly presented with this choice prior to the indicated personal information being shared.

ACCESSING, CORRECTING, UPDATING, OR DEACTIVATING YOUR INFORMATION

Pathway Genomics will not be responsible for any liability caused by you sharing your personal information with others.
You have the right to request an accounting of all disclosures, other than for treatment, payment, or healthcare operations. You can make this request using the contact information at the Contact Us section of this Privacy Statement.
If your Account Information changes (such as email address, street address, or phone number), you can log into your account and change the appropriate information.
At your written request and according to your instructions, we can destroy your remaining sample and DNA extract obtained from it, and deactivate your Account from our systems. However not all personal information can be removed from our systems. We are required by law and standards of medical practice to preserve medical records, some contact information, and disclosure records for specified time periods. Information archived on data backup media also cannot be deleted, however is protected by encryption. Aggregate Information and information in logs cannot be deleted. You can request that your sample and DNA extract be destroyed and/or your account deactivated by contacting by either email or mail as identified in the Contact Us section.
We may deny access when denial of access is authorized by law, when granting you access would have an unreasonable impact on other people's privacy, or to protect Pathway Genomics' rights and property.

HOW WE STORE AND PROTECT YOUR INFORMATION

Pathway Genomics has adopted administrative, physical and technical security measures to protect your personal information. However no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we use commercially reasonable and appropriate means to protect your personal information, we cannot guarantee its absolute security.

POLICY ON MINORS

We will not knowingly collect personal information from minors. We require customers to have reached the greater of 18 years of age or older or the legal age of majority under the laws of the jurisdiction or state in which you reside.
We will not knowingly market products or services to children under 18.

YOUR CALIFORNIA PRIVACY RIGHTS

California customers can request a list of personal information categories disclosed to third parties for their direct marketing purposes and the names and address of such third parties.

CHANGES OF THE PRIVACY STATEMENT

Material changes to this Privacy Statement that affect your rights will be emailed to you and will be posted on our website at least thirty (30) days before the effective date of the Privacy Statement.

HOW TO CONTACT US FOR PRIVACY COMPLAINTS, QUESTIONS OR COMMENTS

If you have questions or comments regarding our privacy practices or have a complaint about our use or disclosure of your personal information or our privacy practices, you may contact us either by mail, email, or phone as follows:

privacy@pathway.com
(877) 505-7374
Chief Privacy Officer
Pathway Genomics Corporation
4045 Sorrento Valley Blvd.
San Diego, CA 92121

You may also file a complaint with the Secretary of the U.S. Department of Health and Human Services. Pathway Genomics will not take retaliatory action against you for filing a complaint about our privacy practices.

Pathway Genomics

FULL INTERNET PRIVACY STATEMENT
Effective Date - May 20, 2010

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT ME MAY BE USED AND DISCLOSED AND HOW I CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW CAREFULLY.

A Note to Non-U.S. Users

You expressly consent to the processing of your personal information in the United States in accordance with this Full Privacy Statement. United States privacy laws and regulations may be less stringent than the laws in your country.

SCOPE

This Full Privacy Statement tells you how we collect, protect, use, and disclose the information you provide us and the choices you have regarding our use of, and your ability to correct, that information. By using our services, you acknowledge that you have reviewed and agree to the terms of the Full Privacy Statement and the Terms of service.

INFORMATION WE COLLECT

ACCOUNT INFORMATION

We collect Account Information from you when you purchase a Saliva Collection Kit, or activate a Pathway Genomics' account and submit a sample. Account Information includes:

Name, email address, billing and shipping address
Username and password
Phone number or mobile number
Date of birth, height, weight, and other personal information
Payment information (such as a credit or debit card)
Preference communication settings regarding your choices

Some of this information is editable in your Account's Personal Settings.

GENETIC INFORMATION

Sample and DNA Extract

We analyze DNA in your sample to determine the presence of Single Nucleotide Polymorphisms (SNPs, pronounced Snips) at locations within your genome. This information, which is called your "genotype," is stored in our database. Our on-site laboratory personnel are privacy trained and your DNA is stored in our secure DNA Lockbox™.

Type of Genetic Report(s)

In our database, we identify the type of genetic reports(s), such as health, ancestry, or combo package, that is ordered.

Genetic Testing-Based Health Information

You can access this information by using the user ID and password provided to you to activate your account.

Health Conditions Information This is information about diseases or health related conditions that you have or may be at risk for based on your Genetic Information. Pathway Genomics uses peer reviewed, published research, which meets Pathway Genomics' criteria, that links genetic information to the risk of having certain diseases in order to provide your Genetic Testing-Based Health Conditions Information.
Carrier Status Information This is information about recessive disease genes that you may carry and could possibly pass to children based on your Genetic Information.
Drug Response Information This is information regarding how you might metabolize and respond to certain kinds of drugs based on your Genetic Information. This information can provide guidance to you and your physician when considering various medications and treatments.

Ancestry Information This is deep genealogic information based on your Genetic Information. Ancestry Information includes information about your ancient ancestors and your genetic similarity (haplogroup) to various individuals, such as family members or famous people.

SURVEY-BASED INFORMATION

Pathway Genomics may request information from you via questionnaires or surveys.

Health Survey participation is required as it provides information necessary to complete and present your results analysis or to screen your results for medically appropriate communications. Examples include, ethnicity, and sex.
Family History Survey participation is not required, however is recommended to deliver more informed results. Family History Survey information is helpful for completing a family Health Tree, a feature in your Member Account, and to genetic counselors and medical professionals who may provide you advice. Examples include questions about diet, exercise, smoking, history of disease among family members, height/weight, and ethnicity, your personal traits and characteristics (for example, height or hair color) and your family history (for example, whether other family members have the same health condition).

Other Surveys are completely voluntary and you therefore have a choice whether or not to disclose this information. Examples may include information about you and your family, such as gender or product use preferences and/or behaviors.

OTHER CUSTOMER PROVIDED INFORMATION

Friend's Name and Email - When you provide us this information for Refer-a-Friend messages, we use it only to send the message you request.
Genetic Counseling and Customer Service Notes - Physicians, genetic counselors and customer service representatives may make private notes of conversations with you. Genetic counseling notes become part of your medical record.

ONLINE PROFILE INFORMATION

Pathway Genomics also collects, stores and uses your computer IP address and non-personal information through cookies, log files, and clear gifs to create an online profile unlinked from your name and other Account Information. Your profile details your viewing preferences, activities and interactions with Pathway Genomics, for example, browser types and web page views.

Cookies A browser cookie is a piece of data tied to information about the user and stored on the user's computer. We may use session cookies, which terminate when a user closes his or her browser, and persistent cookies, which remain on the user's computer until manually deleted or expire based on a date set within the cookie. You can set your browser not to accept browser cookies. Remember though, without browser cookies, you may not be able to take full advantage of all our website features.

We may also use flash cookies on our website to enhance your online experience and present online ads from Trusted Partners or other third parties. Flash cookies are similar to browser cookies, except that they can store data more complex than simple text. Flash cookies, by themselves, cannot do anything to or with the data on your computer. In addition, flash cookies cannot access or remember your email address or other personal information unless you provide the information on this site. We use flash cookies to provide you with a better user experience. Currently you cannot delete flash cookies with your browser, however you can manage and disable flash cookies by clicking here.

Logs

Like most standard website servers, we use log files. We may log internet and computer protocol (IP) addresses, type of web browser, internet service provider (ISP), referring/exit pages (links you click), type of operating system, date/time stamp, and pages visited. Information contained in a log, such as computer IP addresses, cannot be deleted when an individual requests Account deletion.

Clear GIFs We also use pixel tags, also called clear gifs, in HTML-based emails that show us when emails have been opened by the recipients and, in conjunction with our cookies, provide information to help us better manage content on our site and promotional emails. We work with online advertising agencies and networks to display retargeted ads to our site prospects, on our behalf, across the Internet. They collect your computer IP address and non-personal information about your visits to our website, and your interaction with our products and services. This information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. These services are a benefit to you, and create a customized experience for you while you surf the Web. There may be a link in a retargeted display ad to the advertiser's privacy policy which you should read. If you do not want the advertiser to collect this information, you may opt out of their service. Opting out will not in any way affect your use of our site. You can also set your email program to only receive text-based emails which do not include clear GIFs.

AGGREGATE INFORMATION

Aggregate information is summarized information unlinked from your name and Account Information. Certain business functions can be performed using such limited data sets. This security control reduces the risk of unauthorized access.

HOW WE USE YOUR INFORMATION

Providing Our Services

When you activate your account and submit a sample to Pathway Genomics, we collect and store Account Information that is used to administer the Pathway Genomics' services provided to you. We use your Account Information to provide our genetic testing services, including processing your purchase, tracking your submission, allowing you to access the results, and authenticating your use of our services. Pathway Genomics will make available to you information based on your Genetic Information, Survey-Based Information, and Other Customer Provided Information.

Pathway Genomics' privacy-trained customer service personnel will have access to your Account Information and customer service notes and records to assist you, but not to your Genetic Information, Survey-Based Information, or genetic counseling notes or records. In addition, Pathway Genomics' privacy-trained genetic counselors and physicians may have access to your Account Information, Genetic Information, Survey-Based Information, and Other Customer Provided Information, to provide you counseling and guidance. Pathway Genomics screens the results of the genetic testing and then provides an appropriate medically approved method of informing our customers about sensitive testing results, which may include contact by a genetic counselor or physician. Information about our counseling session with you will not be shared with any third parties unless you grant us express authorization to do so.

As part of delivering our services to you, Pathway Genomics' purchasers and account-activated users will occasionally receive transactional email updates and alerts containing information related to their testing results or information about your purchase. You do not have the choice to opt-out of transactional communications, which are essential to delivering our services to you, unless a marketing message or advertisement is included.

Third Party Service Providers

Pathway Genomics uses third parties, companies and individuals, to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing card payments, systems development and managed technology services, and providing customer service. These third parties may have access to and use Account Information, Survey-Based Information and Other Customer Provided Information to needed to perform their functions our behalf. However they may not retain, share, store or use it for any other purposes and must maintain strict confidentiality of this information. They will have no access to Genetic Information, other than Type of Genetic Report. All such third party service providers agree to responsibly use your personal information in an authorized manner and to comply with all legal requirements.

Improving Our Services

Pathway Genomics may use your personal information, including Genetic Information, in a confidential manner (either unlinked from my name and Account Information or encrypted), to develop new testing methodologies and statistical information and tools for the purposes outlined in the Consent.

Pathway Genomics and Trusted Partners Email Marketing - Managed by Pathway Genomics

Privacy-trained Pathway Genomics personnel may also use Account Information, Genetic Information, and Survey-Based Information to understand individual browsing and purchase trends and deliver the right offers, products and services from Pathway Genomics and Trusted Partners to you. We believe it is more customer-friendly to personalize our services and offers to you based on your interests and geographic location than to send general information which may have no relevance. The arrangements with non-profit or commercial Trusted Partners may involve a referral fee received by us for the provision of services or products to our users. In this case, Pathway Genomics maintains control of your personal information. We explain how you may opt-out in the How To Exercise Your Choices section. You can also delete cookies as described in Cookies, under the Online Profile Information section of Information We Collect.

Refer-A-Friend

If you elect to use our referral service to inform a friend about our website and services, we will ask you for the friend's name and email address. Pathway Genomics will automatically send a one-time email to your friend inviting them to visit our website. Pathway Genomics stores this information for a period of six months for the sole purpose of sending this one time email and tracking the success of our referral program. We will not share this information with any partners for marketing purposes. Your friend may contact Pathway Genomics at privacy@pathway.com or the address in the Contact Us section at the end of the Full Privacy Statement to request the removal of this information from our database.

Misuse of our refer-a-friend service by providing false email addresses or posing as someone else when sending an email may result in legal action and the disclosure of information about you, including your computer's IP address, as part of any investigation into your actions.

HOW WE SHARE YOUR INFORMATION

Employers and Health Insurance Issuers

Pathway Genomics will NOT share your genetic information with your employer or health insurance issuer unless you expressly authorize us to do so. The Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating against employees based on their own or their family members' genetic information, effective November 21, 2009. GINA also prohibits group health plans and health insurance issuers offering health insurance coverage in connection with such a plan from discriminating against individuals based on genetic information, effective May 21, 2009. There is an exception for certain wellness programs (See Employer Wellness Programs later in this section).

Resellers

Any reseller offering our products or services may provide you a DNA collection kit with an activation number or a discount coupon. The reseller may collect personal information from you as part of the transaction or in support of any of their services, and you will directly provide Pathway Genomics all the necessary personal information to prepare the reports.

Research Collaborators

Pathway Genomics believes in furthering responsible scientific and medical research to improve our understanding of genetics and to assist physicians and other health care professionals to provide better health care. Collaborations between Pathway Genomics and non-profit or commercial research organizations will be guided by a research advisory committee established by Pathway Genomics. Any research collaborator will first need to obtain permission from an appropriate Institutional Review Board.

Pathway Genomics may share your Genetic Information and Survey-Based Information, de-identified (as defined by HIPAA (Health Insurance Portability and Accountability Act) and HITECH regulations and unlinked from your name and Account Information) or encrypted, with Research Collaborators for purposes of conducting scientific and medical research and development authorized by Pathway Genomics. We require any such research collaborator that receives this information to agree not to attempt to re-identify and/or contact the individuals it belongs to. You will given the opportunity to opt-in before any encrypted personal information is released to a collaborative research partner.

We also may pass on to you a research collaborator's request that you volunteer additional information or participate in a study. No name or Account Information is shared with a research collaborator without your express consent and the research collaborator agreeing to comply with all appropriate privacy and information security laws and regulations to protect such personal information.

Advertisers

Pathway Genomics may use Aggregate Information (unlinked to your name or Account Information) to deliver customized advertising to you. You cannot opt-out, however can delete cookies as described in Cookies, under the Online Profile Information section of Information We Collect.

This Privacy Statement applies solely to information collected by Pathway Genomics' website. This website may contain links from and to other websites that are not owned or controlled by Pathway Genomics. Please be aware that Pathway Genomics is not responsible for the privacy practices of other such websites. We encourage you to be aware when you leave our website and to read the privacy policies of each and every website that collects personal information.

Approved Trusted Partner's Qualification Requirements

Pathway Genomics requires its Approved Trusted Partners with access to personal information to have an agreement specifying that they provide appropriate security for such personal information and either: a) an independent audit certifying privacy and information security compliance; or b) attested to being compliant to Pathway’s information security due diligence questionnaire and agreed to only authorized use of any personal information. We believe this provides practical assurance that our Approved Trusted Partners will exercise reasonable and appropriate protection of your personal information.

Approved Trusted Partner for Ancestry Information Sharing

Your express consent is required before Account Information, Ancestry Information, Survey-Based Information, and Online Profile Information, is disclosed to our Approved Trusted Partners for Ancestry Information Sharing. No other Genetic Information will be disclosed, other than Ancestry Information. Pathway Genomics may receive information from the Approved Trusted Partner concerning the service requested by you, including contact and other personal information that you may have inputted on its website, with your express consent.

Employer Wellness and Incentive Programs

If you are a customer participating in your employee wellness and/or incentive program, Pathway Genomics only provides your employer aggregate information unlinked to your name or Account Information. This information allows your employer to evaluate the effectiveness of its employee wellness and incentive programs for reducing employee healthcare expenses.

Legal Obligations

Pathway Genomics may disclose or report your personal information when we believe in good faith that the disclosure is required or permitted by law or regulation, a court order or other judicial or legal process or proceeding, or to cooperate with regulators or law enforcement authorities to resolve consumer disputes.

Purchase or Sale of Business

If Pathway Genomics enters into a business transaction, such as a merger, acquisition by another company, or bankruptcy, your personal information will, in most instances, be part of the assets transferred. Pathway Genomics will require the acquiring company to comply with the material provisions of this Privacy Statement, as amended from time to time.

YOUR CHOICES

Information Use or Sharing	Does Pathway share Personal Information?	Your choices to limit sharing
Providing Our Services to process transactions and maintain accounts utilizing third party service providers improving and individualizing our services	No Yes Yes	N/A N/A Cookie Deletion
Pathway Email Marketing to offer our products and services to you	No	Opt-out
Trusted Partner Email Marketing Managed by Pathway to offer their products and services	No	Opt-out
Refer-A-Friend to send one time email to friend	No	Friend May Opt-out
Employer / Health Insurer no disclosure of personal information will ever be provided unless authorized by you	No	N/A
Research Collaborators without name and Account Information with name or other Account Information (encrypted)	Limited Yes	None Opt-in
Resellers Personal information may or may not be collected by partner	Aggregate Information Only	None
Advertisers	Aggregate Information Only	None
Approved Trusted Partner Ancestry Information Sharing to display your haplogroup and related information and genetic share ethnicity	Yes	Opt-in
Employer Wellness Programs health plans participation earn discounts / incentives for preventive health care establish programs based on employee needs	Aggregate Information	None
Legal obligations to respond to court orders and legal investigations	Yes	N/A
Purchase or sale of business	Yes	None

HOW TO EXERCISE YOUR CHOICES

Opt-outs - To the extent you are permitted, you may exercise your right to opt-out by either a) clicking the unsubscribe link in the footer of any Pathway Genomics' email or replying with unsubscribe in the subject line, or b) writing to us at the address in the Contact Us section at the end of this Privacy Statement.
Opt-ins - You may exercise your right to opt-in when expressly presented with this choice prior to the indicated personal information being shared.

ACCESSING, CORRECTING, UPDATING, OR DEACTIVATING YOUR INFORMATION

Information Sharing Authorized by You The Pathway Genomics website allows you to share your personal information with other individuals, including family members, friends, physicians and other health care providers. It is your decision whether to allow these individuals to have access to your personal information. Pathway Genomics recommends that you carefully consider whether to grant these individuals access to your personal information, which individuals you will allow access, and what information you will make available to these individuals.

Pathway Genomics will not be responsible for any liability caused by you sharing your personal information with these individuals or other third parties, such as an employer or insurance company.

Accounting of Disclosures

You have the right to request an accounting of all disclosures, other than for treatment, payment, or healthcare operations. You can make this request using the contact information at the Contact Us section of this Privacy Statement.

Updating or Deleting Information

Pathway Genomics provides a means for you to access, correct, update your personal information and deactivate your account. If your Account Information changes (such as email address, street address, or phone number), you can log into your account and change the appropriate information.

If you no longer desire to use our service, at your request which must be in writing and according to your instructions, we can destroy your remaining sample and DNA extract obtained from it, and deactivate your account from our systems. However not all personal information can be removed from our systems. We are required by law and standards of medical practice to preserve medical records, some contact information, and disclosure records for specified time periods. Information archived on data backup media also cannot be deleted, however is protected by encryption.

You can request that your sample and DNA extract be destroyed and/or your account deleted by contacting our Chief Privacy Officer at privacy@pathway.com or Pathway Genomics Corporation, 4045 Sorrento Valley Blvd., San Diego, CA 92121.

Denial of Access to Personal Information

Your rights to access your personal information are not absolute. We may deny access when denial of access is authorized by law, when granting you access would have an unreasonable impact on other people's privacy, or to protect Pathway Genomics' rights and property.

HOW WE STORE AND PROTECT YOUR INFORMATION

Protecting Your Personal Information

You should not disclose your password or other information used to authenticate your identity to any family member, friend or other individual. You should immediately notify Pathway Genomics if any third party has access to your password or you learn of any unauthorized access to your information.

Despite the reasonable and appropriate efforts of you and Pathway Genomics, there is always some risk that an unauthorized third party will access without permission our systems or intercept transmissions of your information.

Security

The security of your information is important to us. Pathway Genomics follows generally accepted industry standards to safeguard the privacy of and protect the information that we collect, use and store. However no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we use commercially reasonable and appropriate means to protect your personal information, we cannot guarantee its absolute security.

Pathway Genomics has adopted administrative, physical and technical security measures to protect your personal information. We control facility and laboratory access through a card reader access system. We store your DNA in our secure DNA Lockbox^TM located on-site to enable us to retest if scientific and medical advances provide a basis for retesting it.

Your password is stored in an encrypted manner. We use Secure Socket Layer ("SSL") to encrypt our website pages that collect personal information from you. (We recommend that you use a 256-bit SSL capable browser, such as Microsoft's Internet Explorer 7.0 or higher or Mozilla's Firefox 3.0 or higher, to enable this technology. Notice that the address bar starts with https: which indicates your connection is taking place via a secure server.)

We limit systems access to personal information only to personnel who reasonably have a need to know this information to provide our services. We maintain records of personnel logon access to databases and monitor and periodically review access to personal information. We use firewalls to protect our networks.

POLICY ON MINORS

We will not knowingly collect personal information from minors. We require customers to have reached the greater of 18 years of age or older or the legal age of majority under the laws of the jurisdiction or state in which you reside. We will not knowingly market products or services to children under 18.

YOUR CALIFORNIA PRIVACY RIGHTS

Under California law, in certain circumstances California customers are entitled to request a list of personal information categories disclosed to third parties for their direct marketing purposes and the names and addresses of such third parties during the prior year. This request must be responded to within 30 days if made to the addresses below. As stated in this Privacy Statement, Pathway Genomics will not share your Personal Information with non-Pathway Genomic companies for their direct marketing purposes without your express consent. California customers who wish to request the list indicated above, further information about our compliance with this law, or have questions or concerns about our privacy practices and policies may contact us at the email or physical address in the Contact Us section below.

CHANGES OF THE PRIVACY STATEMENT

We reserve the right to change this Privacy Statement at any time. Material changes to this Privacy Statement that affect your rights will be emailed to you and will be posted on our website at least thirty (30) days before the effective date. Please check this Privacy Statement periodically for changes. At the top of this Privacy Statement we indicate the date it was previously updated. The continued use of any Pathway Genomics services following the effective date of posted changes to this Privacy Statement will mean that you accept those changes.

HOW TO CONTACT US FOR PRIVACY COMPLAINTS, QUESTIONS OR COMMENTS

privacy@pathway.com
(877) 505-7374
Chief Privacy Officer
Pathway Genomics Corporation
4045 Sorrento Valley Blvd.
San Diego, CA 92121