Pathway Genomics Corporation

SUMMARY INTERNET PRIVACY STATEMENT Effective Date — October 22, 2010

THIS NOTICE DESCRIBES HOW YOUR PERSONAL INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW CAREFULLY.

This Privacy Statement applies to customers using Pathway’s website to order and/or receive genetic reports.

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.

SCOPE

The Full Privacy Statement that follows tells you how Pathway Genomics (Pathway) collects, protects, uses, and shares 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 Consent, Full Privacy Statement and the Terms of Service.

INFORMATION WE COLLECT

By accessing or using this website or other services, purchasing a sample collection kit, or establishing a Pathway account or 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, personal information for testing (e.g., date of birth, gender, ethnicity, weight, height, etc.) and information in Personal Settings)
  • Genetic InformationSurvey-Based Information (Health Survey and Other Surveys)
    • Sample and DNA Extract
    • Type of Genetic Report(s) (health or ancestry genetic report, etc.)
    • Genetic Testing-Based Health Information
      • Full Health (health conditions, carrier status, drug response)
      • Health Conditions (at risk diseases and complex health conditions)
      • Carrier Status (Pre-Pregnancy Planning) (recessive diseases)
      • Drug (Medicine) Response
      • FIT (diet and exercise)
    • Ancestry Information (genealogical and ethnic)
    • Genetic Counseling Information
  • Other Customer Provided InformationOnline Profile Information (computer IP address and non-personal information, such as browser types, web page views)
    • Friend’s Name and Email
    • Customer Service Notes
  • 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 collects and uses your Account Information, Genetic Information, Survey-Based Information, Other Customer Provided Information, and Online Profile Information to provide you our services.
  • Pathway’s Comprehensive Genotype Testing process collects more Genetic (genotype) Information than is used to complete your genetic report that was ordered.
  • 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. Pathway-authorized physicians, genetic counselors and their agents may also have access to Genetic Information and other personal information to fulfill their responsibilities.
  • 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 in the Full Privacy Statement.
  • We use your Account Information, Genetic Information, and Survey-Based Information to offer the right products and services from Pathway 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 in the Full Privacy Statement.
  • 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 will NOT share your Genetic Information or any other personal information with your employer or health insurance issuer.
  • Your genetic testing results will be disclosed to the ordering physician, who determines at his/her discretion whether to release the results to you, and Pathway will not release your report to anyone else unless required by law.
  • Any reseller of our products or services should not collect personal information from you without your consent.
  • We may use your DNA marked only with a Pathway-assigned unique identification number, along with other Genetic Information, Survey-Based Information, and other personal information which will either not include your name or contact information or will be encrypted for internal operations purposes to: validate genetic information; improve the quality and accuracy of Pathway’s genetic reports; develop new genetic reports and/or services, but not publish the results in scientific literature; promote the types of information that customers may learn from our reports; improve the quality and features of our website and services; and produce data for product approval or clearance by FDA or other regulatory authority or body.
  • We may contact and give you the opportunity to opt-in or refuse before any personal information is shared for any secondary purpose outside Pathway’s immediate control, including published scientific research. 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.
  • If you are a customer as a result of participating in your employee wellness program, Pathway 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 enters into a business transaction, such as a merger, acquisition by another company, selling some or all of its assets, or bankruptcy, 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 upon entering into such business transaction.

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’s 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 will not be responsible for any liability caused by you sharing your personal information with others.
  • 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 DNA extract at the next scheduled sample destruction date which occurs about every sixty (60) days and/or deactivate your Account from our systems within ten (10) days by contacting Pathway as identified in the Contact Us section. 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.
  • 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’s rights and property.

HOW WE STORE AND PROTECT YOUR INFORMATION

Pathway 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

  • For orders authorized by your personal physician, we may collect personal information from minors. However parent or guardian consent should be obtained and maintained by your physician.
  • In any event, 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 unfavorably 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 or (877) 505-7374
Chief Privacy Officer, Pathway Genomics Corporation
4755 Nexus Center Drive, San Diego, CA 92121

If we are unable to reasonably resolve any compliant to your satisfaction, you may also file a complaint with the Secretary of the U.S. Department of Health and Human Services and/or the California Department of Health Services. Pathway will not take retaliatory action against you for filing a complaint about our privacy practices.

Pathway Genomics Corporation

FULL INTERNET PRIVACY STATEMENT Effective Date — October 22, 2010

THIS NOTICE DESCRIBES HOW YOUR PERSONAL INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW CAREFULLY.

This Privacy Statement applies to customers using Pathway’s website to order and/or receive genetic reports.

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.

SCOPE

This Full Privacy Statement tells you how Pathway Genomics Corporation (Pathway) collects, protects, uses, and discloses 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 Consent, Full Privacy Statement and the Terms of service.

INFORMATION WE COLLECT

ACCOUNT INFORMATION

We collect Account Information from you when you purchase a sample collection kit, or activate a Pathway’s account and submit a sample. Account Information includes contact and payment information, personal information for testing, and information in Personal Settings:

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

You may edit or correct some of this information 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 conditions, carrier status, or ancestry 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 uses peer-reviewed, published research, which meets Pathway’s 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.
  • Pathway Fit ® Information — This is information about how your genes affect your metabolism, behavior, weight, exercise, and energy, diet and nutritional choices.
  • 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.

Genetic Counseling Information Physicians and/or genetic counselors may make private notes of conversations with you. This also includes information that may be recorded, and monitored for training and quality control purposes, (with your consent) during a genetic counseling call.

SURVEY-BASED INFORMATION

Pathway may request information from you via questionnaires or surveys.

  • Health Survey participation is not required, however is highly recommended to deliver more informed results. Health Survey information is helpful 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, and your personal traits and characteristics.
  • 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.
  • Customer Service Notes — Customer service representatives may make private notes of conversations with you.

ONLINE PROFILE INFORMATION

Pathway 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, 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. 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. We do not allow Pathway flash cookies to defeat or override your browser privacy settings. We also ask our online advertising agencies and networks or other third parties who present online ads to you to not allow their flash cookies to defeat or override your browser privacy settings. Currently you cannot delete flash cookies with your browser, however you can manage and disable flash cookies by installing certain browser-extensions or open-source apps, or by clicking here for information from Adobe about how to disable a Flash cookie.

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. 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. 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 aggregate information. This security control reduces the risk of unauthorized access.

HOW WE USE YOUR INFORMATION

Providing Our Services You or your physician will submit a specimen of your blood to Pathway, the amount of which will be equivalent to less than 1 teaspoonful (5 ml). Pathway will extract your DNA from the cells found within your blood. Pathway employs a Comprehensive Genotype Testing method to analyze your unique DNA sequences and may capture more Genetic (genotype) Information than is used to complete the reports that are ordered. All information derived from this process will be retained in its Laboratory Information Management System (LIMS), member site information, and backup systems (“information system”). Regardless of the specific report(s) ordered, the entire set of information from Pathway’s Comprehensive Genotype Testing is loaded into Pathway’s information systems and may be reviewed by Pathway-authorized ordering physicians and Pathway privacy trained laboratory personnel, quality assurance staff, physicians and genetic counselors. Through your ordering physician, you have the option to obtain additional reports based on your stored Comprehensive Genotype Testing information at Pathway. Should such additional reports be ordered, an additional sample or further testing may not be required, however there will be a fee. Comprehensive Genotype Testing and its benefits are further explained in Pathway’s consent Brochure.

When your physician orders your genetic testing and your sample is provided to the laboratory, your consent to the processing of your sample and personal information is either obtained by your physician or confirmed by you establishing an account, where you have the opportunity to read the consent, and using laboratory services. Either your personal physician will establish a record or you will establish an online account (Account Information) providing an accurate statement of your requested information about your age, gender, and ethnicity. This information is required as it provides information necessary for Pathway, the physician and/or a genetic counselor to interpret your report results. We collect and store Account Information that is used to administer the Pathway’s 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 (if physician authorizes release of results to you), and authenticating your use of our services. You will have an option to complete health surveys that are recommended by Pathway to enable a more complete interpretation of your testing results. The survey information you provide will be available to Pathway-authorized physicians and genetic counselors. Pathway will make available to you genetic report results information based on your Genetic Information, Survey-Based Information, and Other Customer Provided Information.

Pathway’s privacy-trained customer service personnel have access to your Account Information and customer service notes and records to assist you. A limited number of such customer service personnel have access to your genetic reports and Survey-Based Information to assist you in a help desk manner, find the information you’re looking for or change account settings, but will not have access to genetic counseling notes or records. In addition, Pathway-authorized physicians and genetic counselors may have access to your Account Information, Genetic Information, Survey-Based Information, and Other Customer Provided Information, to provide you counseling and guidance. Pathway screens the results of the genetic testing and then provides a physician 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 required by law.

As part of delivering our services to you, Pathway’s 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 Our Pathway-authorized physicians, genetic counselors, and their agents may have access to all your personal information, including your Genetic Information, to fulfill their responsibilities, including, but not limited to, reviewing and authorizing your order for testing, authorizing release of results to you as deemed appropriate, interpretations and consultations, etc.

NOTE: Some testing may be conducted by a non-Pathway laboratory For testing that Pathway does not currently perform, Pathway may use another CLIA certified laboratory, perhaps in another country, to process samples. This allows Pathway to broaden the list of conditions it offers in its genetic testing reports. Pathway uses a Pathway-assigned unique identification number which will not include your name and contact information for such samples before sending these to the non-Pathway laboratory to safeguard individual privacy.

Pathway also uses other third parties, companies and individuals, to perform other functions on our behalf. Examples include fulfilling and authorizing orders, delivering packages and testing results, 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 analyzes and uses Aggregate Information (unlinked to your name or Account Information), and Online Profile Information (computer IP address and non-personal information) to improve the quality and features of our website and services. This information allows us to administer our website, track website usage (in the aggregate), analyze trends about use of the website and referral websites. You cannot opt-out, however you can delete cookies as described in Cookies, under the Online Profile Information section of Information We Collect.

Pathway may use your personal information, including Genetic Information, in a confidential manner (either unlinked from your 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 Privacy-trained Pathway 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 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 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 will automatically send a one-time email to your friend inviting them to visit our website. Pathway 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 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 will NOT share your genetic information with your employer or health insurance issuer. 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 all the necessary personal information to prepare the reports.

Research Collaborators Pathway may want to work with other entities and organizations to conduct scientific research and other legitimate secondary purposes using the DNA obtained from your specimen. However none of your personal information will be shared for any secondary purpose outside the immediate control of Pathway, unless you expressly opt-in to authorize this. You consent to future contact by Pathway so you can determine if you want to opt-in for this, and if you are interested, a separate express opt-in shall be provided. You understand you may be contacted, and given the opportunity to understand the purpose, benefits, and risks of these opportunities and to provide express consent prior to participation.

Pathway 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 and non-profit or commercial research organizations will be guided by a research advisory committee established by Pathway. Any research collaborator will first need to obtain permission from an appropriate Institutional Review Board. However you will be contacted and given the opportunity to opt-in or refuse before any personal information is shared for any secondary purpose outside Pathway’s immediate control, including to a collaborative research partner to conduct Pathway authorized scientific research and development.

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 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’s website. This website may contain links from and to other websites that are not owned or controlled by Pathway. Please be aware that Pathway 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.

Employer Wellness and Incentive Programs If you are a customer participating in your employee wellness and/or incentive program, Pathway 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 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 enters into a business transaction, such as a merger, acquisition by another company, selling some or all of its assets, or bankruptcy, your personal information will, in most instances, be part of the assets transferred. Pathway 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
No N/A
  • utilizing third party service providers
Yes N/A
  • improving and individualizing our services
Yes 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 by Pathway
No N/A
Research Collaborators No Opt-in
Resellers    
  • personal information may or may not be collected by partner
Aggregate Information Only None
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’s 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 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 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 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.

Updating or Deleting Information Pathway 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.

After the testing process is completed, your blood sample will ultimately be destroyed in compliance with applicable federal, state and other jurisdictional regulations and Pathway’s standard operating procedures. However, you understand that your blood sample will be destroyed about 60 days after your results are finalized and your DNA extract will be destroyed no more than one year from the most recently ordered report sample receipt date.

If you no longer desire to use our service, you further understand that at your written request and according to your instructions, Pathway can destroy your DNA extract at the next scheduled sample destruction date which occurs about every sixty (60) days and/or deactivate your Account from our systems within ten (10) days by contacting Pathway as identified in the Contact Us section. You can request that your sample and DNA extract be destroyed and/or your account deleted by contacting our Chief Privacy Officer atprivacy@pathway.com or Pathway Genomics Corporation, 4755 Nexus Center Drive, San Diego, CA 92121.

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.

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’s 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 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, 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 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 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 LockboxTM located on-site.

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 8.0 or higher, Mozilla’s Firefox 3.0 or higher, Safari 5.0 or higher, or Chrome 6.0 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.

Pathway requires its Service Providers and Partners with access to your personal information to provide services 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) attest 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 Service Providers and Partners will exercise reasonable and appropriate protection of your personal information.

POLICY ON MINORS

For orders authorized by your personal physician, we may collect personal information from minors as described in our Consent. However parent or guardian consent should be obtained and maintained by your physician.

In any event, 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 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 unfavorably 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 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

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 or (877) 505-7374
Chief Privacy Officer, Pathway Genomics Corporation
4755 Nexus Center Drive, San Diego, CA 92121

If we are unable to reasonably resolve any compliant to your satisfaction, you may also file a complaint with the Secretary of the U.S. Department of Health and Human Services and/or the California Department of Health Services. Pathway will not take retaliatory action against you for filing a complaint about our privacy practices.