Agendia Privacy Statement

Last updated: September 21, 2010

Agendia, Inc. (“Agendia,” “we” or “us”) is committed to protecting the privacy of all visitors to the Agendia website. Agendia has established this Privacy Statement to inform you of the specific practices and guidelines that help ensure the security and confidentiality of your personal information. By using or accessing in any way the website we control and operate, including Agendia.com (our "Website"), or our physician's portal, customers.agendia.com (our "Physician's Customer Pages""), or by transmitting information to us by email or other electronic means, you agree to the terms of this Privacy Statement. If you do not agree with the terms of this Privacy Statement, please do not access or use the Website or transmit information to us by email or other electronic means.

Updates

Agendia may revise this Privacy Statement from time to time. All updates to this statement will be posted on this web page. If we make significant changes, Agendia will notify you by posting a notice on the website. Please check the website for the most current version of our Privacy Statement. Your continued use of the website after we have posted a notice of change on the website constitutes your acceptance of such changes.

Linked Website

The Agendia Website may contain links to external website. Agendia does not maintain these sites and is not responsible for the privacy practices of sites that it does not operate. Please refer to the specific privacy statements posted on those sites.

Aggregate Data Collection

Agendia tracks visits to our Website and uses visitor logs to compile anonymous aggregate statistics. This aggregate information is collected site-wide, and includes anonymous website statistics. In addition, when you browse our Website, our system automatically collects information, such as your web request, Internet Protocol (“IP”) address, browser type, browser language, domain names, referring and exit pages and URLs, platform type, pages viewed and the order of these page views, the amount of time spent on particular pages, the date and time of your request and one or more cookies that may uniquely identify your browser. This information is used solely internally to analyze trends, administer the Website, improve the design of our Website, and otherwise enhance the services we provide.

Cookies

Certain pages of the Website and/or html email correspondence may use session cookies, persistent cookies or web beacons to anonymously track unique visitors, save website preferences and to allow us to recognize visits from the same computer and browser. You have the option to reject the Website’ cookies and still use the Website. However, your access to the Website may be limited.

Types of Personal Information Collected

Agendia may collect, store and use personally identifiable information (such as name, email address, postal code and email preferences) when it is voluntarily submitted to us, such as when you register for updates or contact us.

Children

The Agendia Website is directed toward adults. If you are under the age of 12, you must obtain the authorization of a responsible adult (parent, legal custodian, or teacher) before using or accessing our Website. We will not knowingly collect or use any personal information from any children under the age of 12. If we become aware that we have collected any personal information from children under 12, we will promptly remove such information from our databases.

Use of Personal Information

We may use your personal information to contact you, improve the Website, provide you with information that you have requested, or provide you with additional information, which Agendia believes may be of interest to you. We may also use this information to respond to your inquiries, provide you with technical support and enforce our Terms and Conditions and other policies governing use of the Website. We may combine your information with other information about you that is available to us, including information from other sources. Agendia will keep resumes confidential and will use them only for employment purposes. Use for any other purpose will be with your explicit consent.

Agendia will not sell or rent your personal information to any other person, company or organization. Agendia may share your information with third party service providers who perform marketing or other services on our behalf. Agendia may access and/or disclose your personal information to law enforcement officials, regulatory agencies or other third parties as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of illegal activity that may expose us to legal liability or costs, to enforce our policies governing the Website and for regulatory compliance. Agendia may also disclose your information in connection with a corporate restructuring, merger or consolidation with, or sale of substantially all of our assets to, a third party. We do not guarantee that any person or entity receiving such information in connection with one of these transactions will abide by this Privacy Statement.

Security Measures

Information that you provide to Agendia through the Website is encrypted using industry standard Secure Sockets Layer (SSL) technology. Your information is processed and stored on controlled servers with restricted access. Unfortunately, we cannot ensure or warrant the security of any information you transmit to our Website, and you do so at your own risk. Therefore, Agendia disclaims any warranties or representations relating to maintenance or nondisclosure of private information.

Information Access, Updates and Choice

You may choose to provide information to Agendia by completing the registration form, sending us an email or otherwise contacting us. In the registration form, you may have an opportunity to elect to receive certain communications from us. Agendia email correspondence will include instructions on how to update certain personal information and how to unsubscribe from our emails and postal mail correspondence. Please follow the instructions in the emails to notify Agendia of changes to your name, email address and preference information. Agendia will take reasonable steps, such as confirmation emails, to verify your identity before granting access to your personal information. If you choose to unsubscribe from our email and/or postal mail services, you will no longer receive this correspondence. However, Agendia may retain your information for a period of time to resolve disputes, troubleshoot problems or for other valid business or legal reasons.

Third Party Information

You agree that you have provided notice to, and obtained consent from, any third party individuals whose personal information you supply to us, including with regard to: (a) the purposes for which such third party’s personal information has been collected; (b) the intended recipients or categories of recipients of the third party’s personal information; (c) which of the third party’s information is obligatory and which information, if any, is voluntary; and (d) how the third party can access and, if necessary, rectify the information held about them.

Governing Law

Our Website is controlled and operated by Agendia Inc. By choosing to visit our Website or otherwise electronically provide information to Agendia, you agree that any dispute over privacy or the terms contained in this Privacy Statement will be governed by the laws of the State of California and the United States of American. If you are accessing our Website from any location with regulations or laws governing the collection, use or disclosure of personal data, which differ from California or United States laws or regulations, please note that through your continued use of our Website, which is governed by the laws of the State of California and the United States of America and this Privacy Statement, you are transferring personal information in the United States of America and you consent to that transfer and to the collection and processing of such information in the United States. You also consent to the adjudication of any disputes arising in connection with our Website in the federal and state courts of Orange County in the State of California. You also agree to attempt to mediate any such disputes before an action is filed in a federal or state court.

Social Networking Sites

Social media like blogs, wikis, social networks (e.g. Facebook, YouTube, LinkedIn etc.), team spaces or personalized web sites are changing the way we are communicating, interacting, and doing business – with patients, customers and other stakeholders outside Agendia.

Despite new social media tools and platforms emerging and changing all the time, its basic aspect remains constant and is similar to traditional ways of communication: to engage in dialogue, provide and exchange information, and build understanding. Social media’s high speed, level of interactivity and global access to any information you publish merits particular consideration to the appropriate uses for these applications.

Agendia recognizes the ubiquity and benefits of social media and welcomes its use – however, we also acknowledge that certain risks are associated with these new channels. We have therefore developed this guideline to help you use these new platforms in a responsible way. Given the fast changes and continuous new developments in this area, we will review the guidance regularly and update if new aspects arise.

The best advice is to approach online worlds in the same way we do the physical one – by using sound judgment and common sense, by adhering to the Company’s values, and by following the in case of questions please contact our Agendia.

Physician’s Customer Pages / Online Account

In addition to the other terms of this Privacy Statement, the following terms concern how medical information concerning our patients is used or disclosed through our Physican's Customer Pages.

Users

The Physician's Customer Pages is only for the use of physicians and their authorized representatives as stated in the Terms and Conditions of Use for the Physician Customer Pages.

Protected Health Information

The Physician's Customer Pages is used for the storage and transmission of Protected Health Information between Agendia and physicians and their authorized representatives. Protected Health Information is used in accordance with the Health Information Portability and Accountability Act (HIPAA) and applicable federal and state laws governing patient privacy. Protected Health Information available on the Physician's Customer Pages may only be used or disclosed for treatment and other authorized purposes as stated in the Terms of Use on the Physician’s Customer Pages.

Security Measures

Information accessed through this Physician's Customer Pages, including Protected Health Information, is secured using administrative, physical and technical safeguards. For example, the transfer of information is encrypted using industry standard Secure Sockets Layer (SSL) technology and information is stored on controlled servers with restricted access. All access is password protected and each individual user has his/her own user name and password. All access is tracked at Agendia for security purposes.

Questions

If you have questions about the Agendia Privacy Statement, please contact us at customercare@agendia.com.