Last updated: August 4, 2017

Privacy Statement:

Effective Date: June 2017

The following Privacy Policy (this “Policy”) of Agendia, Inc. (“Agendia”, “we” or “us”) is applicable to all of the information collected by Agendia during your use of this website (this “Site”).  PLEASE READ THIS INFORMATION CAREFULLY BEFORE ACCESSING ANY PART OF THIS SITE.

Our Commitment to Your Privacy

Agendia is committed to protecting the privacy of all visitors to the Agendia website, available at entry point URL agendia.com.  Agendia has established this Privacy Policy to inform you of the specific practices and guidelines that help ensure the security and confidentiality of your personal information that you may provide when using this Site.  This Policy is incorporated into and is subject to the Terms of Service, which is available at http://www.agendia.com/terms-of-service/.  By using or accessing the Site, including the Agendia Provider Portal website for medical professionals (the “Provider Portal”), or by transmitting information to us by e-mail or other electronic means, you agree to the terms of this Policy, and you consent to the collection, use and disclosure of your personal information by Agendia in accordance with the terms and conditions of this Policy.  Capitalized terms not defined in this Policy will have the meanings provided in the Terms of Service.  If you do not agree with the terms of this Policy or future terms of this Policy, do not access or use (or continue to access) the Site or transmit information to us by e-mail or other electronic means.  Agendia may revise this Policy from time to time.  All updates to this Policy will be posted on this web page.  If we make significant changes, Agendia will notify you by posting a notice of such change on the Site.  Please check the Site for the most current version of our Policy.  Your continued use of the Site after we have posted a notice of change on the Site constitutes your acceptance of such changes.

INFORMATION COLLECTED BY AGENDIA

1.1    Non-Personal Information.

Generally, Agendia may gather information about visitors to this Site when we aggregate information gathered by tracking the usage of certain features on this Site.  This aggregate information is collected Site-wide, and includes anonymous Site statistics.

1.2    Automatic Information.

When you browse this Site, 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 internally to analyze trends, administer the Site, improve the design of our Site, and otherwise enhance the services we provide.

1.3    Use of Cookies and Other Web Technologies.

Cookies are pieces of information stored directly on your computer’s hard drive.  The Help portion of the tool bar on most Web browsers will tell you how to prevent your Web browser from accepting new cookies, have the Web browser notify you when you receive a new cookie, or disable most cookies.  You may still use this Site even if you reject the cookie.  However, you may not be able to access some tools and features offered on our Site if you refuse to accept cookies.

Certain pages of this Site or html e-mail correspondence may use session cookies, persistent cookies or web beacons to anonymously track unique visitors, save site preferences and to allow us to recognize visits from the same computer and browser.

Cookies may be used by some of the sites to which we link.  Therefore, please review the Links section of this Policy below.

1.4    Personal Information.

Access and use of certain portions or functionalities of the Site, such as the Web Portal, may require you to register for a Client Account.  Agendia does not automatically collect any sensitive personal information about you.  If you choose to register to access certain portions of the Site or any Web Service, we may collect, and you may be asked to directly provide, personally identifiable information, including, but not limited to your full name, e-mail address, mailing address, employer, phone number, user name, password, demographic information, credit card data and in the case of submission of your resume for employment opportunities, your employment history and work experience (“Personal Information”).  By providing your Personal Information to Agendia, you explicitly agree to collection and use of such information as described in this Policy, and you represent and warrant that you have all rights necessary to submit all such Personal Information.  You are the sole custodian of your Client Account and are responsible for the accuracy of your Personal Information.  Agendia may also collect information that you submit to other sections of or through other functionality made available on the Site, such as when you link to web pages on the Site for ordering certain Agendia products or publications.  Such information, together with your Personal Information, is referred to collectively in this Policy as “Your Information.”

INFORMATION USE AND DISCLOSURE BY AGENDIA

You acknowledge and agree that Agendia may collect, use, display, transmit, monitor, store and disclose Your Information as set forth in this Policy and in connection with the operation of the Site and Web Services and that Agendia does not assume any responsibility or liability for (i) any information you submit to Agendia or (ii) your or third parties’ use or misuse of information transmitted or received using the Site.

2.1    Use of Your Information.

We may use Your Information in the following ways:

  • To contact you and respond to any of your inquiries,
  • To provide you with information that you have requested,
  • To provide you with additional information which Agendia believes may be of interest to you,
  • To provide the services and/or products you have ordered from Agendia,
  • To provide you with technical support,
  • To enforce our Terms of Service and other policies governing use of the Site or Web Services.

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.  In addition to some of the specific uses of Your Information we describe above, we may use Your Information (or through using a third-party provider) for more general activities relating to the administration and operation of the Site as described below:

  • Remember information so you will not have to re-enter it during your visit or the next time you visit the Site,
  • Provide, improve, test, and monitor the effectiveness of the Site or Web Services,
  • Develop and test new products and features,
  • Provide personalized content and information to you and others, which could include online ads or other forms of marketing,
  • Monitor metrics such as total number of visitors, traffic, and demographic patterns,
  • Analyze trends, administer the Site and Web Services, and gather information regarding where visits to the Site originate, how often the Site is visited and what parts of the Site are visited most often
  • Diagnose or fix technology problems.

2.2    Disclosure of Information.

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 Site and for regulatory compliance.  Agendia may also disclose or transfer your Personal 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 about one of these transactions will abide by this Policy.  We may share Your Information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Agendia is part of, or that become part of that group (“Affiliates”).  Affiliates may use this information to help provide, understand, and improve the Site (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences).  But these Affiliates will honor the choices you make about who can see your content.  We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Site and Web Services to you (“Service Providers”).  Service Providers will be given access to your information as is reasonably necessary to provide the Web Services under reasonable confidentiality terms.

STORAGE, PROCESSING AND SECURITY OF YOUR INFORMATION

3.1    Storage and Processing.

Your Information collected through the Site may be stored and processed in the United States or any other country in which Agendia, its Affiliates or Service Providers maintain its facilities.  Agendia, its Affiliates, or Service Providers may transfer information that we collect about you, including Personal Information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.  If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including Personal Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.  By registering for and using the Site and Web Services you consent to the transfer of information to the U.S. or to any other country in which Agendia, its Affiliates or Service Providers maintain facilities and the use and disclosure of information about you as described in this Policy.

3.2    Security of Your Information.

Information that you provide to Agendia through the Site is encrypted using industry standard Secure Sockets Layer (SSL) technology.  Your Client Account is also protected with certain user credentials (i.e., your User ID, as described in the Terms of Service).  You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your Client Account or User ID.  It is your sole responsibility to authorize, monitor, and control access to and use of your User ID.  Your Personal 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 Site, and you do so at your own risk.  Further, while Agendia uses commercially reasonable effort to ensure the integrity and security of its network and systems, Agendia cannot guarantee that such security measures will prevent third-party “hackers” from illegally obtaining access to Your Information.  Agendia does not warrant or represent that Your Information will be protected against, loss, misuse, or alteration by third parties.  Therefore, Agendia disclaims any warranties or representations relating to maintenance or non-disclosure of any private information, including your Personal Information.


Information Access, Updates and Choice

You may choose to provide Personal Information to Agendia by completing the Client Account registration form, sending us an e-mail or otherwise contacting us.  In the registration form, you may have an opportunity to elect to receive certain communications from us.  Agendia e-mail correspondence will include instructions on how to update certain Personal Information and how to unsubscribe from our e-mails and postal mail correspondence.  Please follow the instructions in the e-mails to notify Agendia of changes to your name, e-mail address and preference information.  Agendia will take reasonable steps, such as confirmation e-mails, to verify your identity before granting access to your Personal Information.  If you choose to unsubscribe from our e-mail 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.

Linked Third-Party Websites

On this site, you may have the opportunity to follow a link from or to other sites maintained by third parties.  Because these other sites are not maintained by Agendia, we are not responsible for the privacy practices of those sites.  This Policy only applies to information collected and maintained by Agendia.  Please refer to the specific privacy statements or policies posted on those sites.

Use by Children

The Site is directed toward adults.  If you are under the age of 13, you must obtain the authorization of a responsible adult (parent, legal custodian, or teacher) before using or accessing our Site.  We will not knowingly collect, maintain or use any Personal Information from any children under the age of 13.  If we become aware that we have collected any Personal Information from children under 13, we will promptly remove such information from our databases.

Protected Health Information

The Agendia Web Portal is used for the storage and sharing of Protected Health Information between Agendia and physicians and their authorized representatives.  Protected Health Information is used by Agendia and/or its service providers in accordance with the Health Information Portability and Accountability Act (HIPAA), as amended, and applicable federal and state laws governing patient privacy.  Protected Health Information available on or through the Web Portal will only be used or disclosed for the provision of testing services, payment, administration of records, treatment and other authorized purposes provided in any related Terms of Use or General Terms and Conditions of the Web Portal.  We may use and disclose Protected Health Information to evaluate and process any requests for coverage and claims for benefits you may make or about other health-related benefits or services that may be of interest to you.

Governing Law

Our Site is controlled and operated by Agendia.  By choosing to visit our Site or otherwise electronically provide information to Agendia, you agree that any dispute over privacy or the terms contained in this Policy will be governed by the laws of the State of California and the United States of America.  If you are accessing our Site 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 Site, which is governed by the laws of the State of California and the United States of America and this Policy, 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 expressly consent to the adjudication of any disputes arising in connection with our Site 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.