Last updated: October 23, 2013

Privacy Statement:

Agendia, Inc. (“Agendia,” “we” or “us”) is committed to protecting the privacy of all visitors to the Agendia website, available at entry point URLagendia.com (the “Site”). 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 that you may provide in connection with using this Site. This Privacy Statement is incorporated into and is subject to the Terms of Service, which are available at http://www.agendia.com/terms-of-service/. By using or accessing in any way the Site, including the Agendia web portal for medical professionals (the “Web Portal”), or by transmitting information to us by e-mail or other electronic means, you agree to the terms of this Privacy Statement, and you consent to the collection, use and disclosure of your personal information by Agendia in accordance with the terms and conditions of this Privacy Statement. Capitalized terms not defined in this Privacy Statement will have the meanings provided in the Terms of Service. If you do not agree with the terms of this Privacy Statement, please do not access or use the Site or transmit information to us by e-mail 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 of such change on the Site. Please check the Site for the most current version of our Privacy Statement. Your continued use of the Site after we have posted a notice of change on the Site constitutes your acceptance of such changes.

1. INFORMATION COLLECTED BY COMPANY
1.1 Non-Personal Information.

Agendia tracks visits to our Site and uses visitor logs to compile anonymous aggregate statistics. This aggregate information is collected Site-wide, and includes anonymous Site statistics. In addition, when you browse our 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. Cookies are pieces of information stored directly on the computer that you are using. Certain pages of the 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. You have the option to reject the Site cookies and still use the Site. However, your access to the Site may be limited.

1.2 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 as a Client. 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 number, 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 Privacy Statement, 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 Privacy Statement as “Your Information.”

2. INFORMATION USE AND DISCLOSURE BY AGENDIA

You acknowledge and agree that Agendia may collect, use, display, transmit, monitor, store and disclose certain of Your Information as set forth in this Privacy Statement 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; or
  • 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 to:

  • 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; or
  • 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 in connection with one of these transactions will abide by this Privacy Statement. 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.

3. 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 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 Privacy Statement.

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 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. 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.

4. 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.

5. 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.

6. Linked Third-Party Websites

The Site may contain links to external websites. This Privacy Statement does not apply to the privacy practices of these third-party external sites. 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 or policies posted on those sites. AGENDIA DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OF, PRIVACY PRACTICES OF, OR INFORMATION CONTAINED ON OR COLLECTED VIA SUCH LINKED SITES.

7. 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 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.

8. Protected Health Information

The 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) 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 in connection with other health-related benefits or services that may be of interest to you. A more detailed notice of Agendia’s Privacy Policy for Protected Health Information may be found in Agendia’s Privacy Policy for Protected Health Information below.

9. 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 Privacy Statement 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 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 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.

Questions

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

 

Privacy Policy Notice for Protected Health Information (the “Notice”):

 

Effective date of this Notice: October 23, 2013

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. Agendia, Inc. (“Agendia”) is committed to protecting the confidentiality of your medical and health information (“protected health information”) as described in this Notice and maintains the privacy of your protected health information as required by law. We have provided this Notice to you to describe the way we may use and share your protected health information. This Notice describes our privacy practices relating to protected health information, including how we may use your protected health information within Agendia and how under certain circumstances we may disclose it to others outside of Agendia. This Notice also describes the rights you have concerning your own protected health information. Please review it carefully.

USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION PERMITTED BY LAW

The law permits us to use your protected health information for treating you and billing for services and healthcare operations, as explained below. Certain types of protected health information have additional protection under state or federal law. For example, information about genetic testing and mental health treatment or conditions may have added protection. To disclose this type of information to others, Agendia is required to get your authorization as described below. Your protected health information may be used and disclosed only for the following purposes:

For treatment: We may use your protected health information to provide you with medical treatment and other services. We may also disclose your protected health information to others who need information to treat you, such as doctors, physician assistants, nurses, medical and nursing students, technicians, therapists, emergency service and medical transportation providers, medical equipment providers, and others involved in your care. For example, we will allow your physician to have access to your laboratory results to assist in your treatment and for follow-up care.

For healthcare operations: We may use and disclose your protected health information for healthcare operations, which include patient and internal education, administration, planning, and other various activities that improve the quality of care we provide to patients. We may disclose protected health information to outside companies to support administrative functions, such as data analysis or accounting or legal services, but we will only do so after they have signed an agreement stating that they will abide by our privacy policy. However, Agendia may not use or disclose your protected health information that is genetic information for underwriting purposes.

For payment: We may use and disclose your protected health information to get paid for the medical services and supplies we provide to you. For example, your health plan or health insurance company may ask to see parts of your medical record before they will pay us for your treatment.

To family members and others involved in your care: We may disclose your protected health information, unless prohibited by applicable federal or state law, to a family member, another relative, a close personal friend, a person identified by you who is involved in your medical care, or someone who helps pay for your care. If you do not want us to disclose your protected health information to family members or others, please contact Agendia’s privacy officer, as provided below. Without your authorization, Agendia may use or disclose protected health information about you in providing you with treatment alternatives, treatment reminders, or other health-related benefits and services. Agendia also may disclose protected health information in support of:

  • Research – to researchers, subject to certain legal restrictions.
  • Business Associates – to persons who provide services to Agendia and assure Agendia they will protect the protected health information.
  • Health Oversight Activities – to government agencies responsible for oversight of the health care system or for ensuring compliance with the rules of government benefit programs, such as Medicare or Medicaid, or other regulatory programs that need protected health information to determine compliance, state insurance departments, U.S. Department of Labor and other government agencies.
  • Law Enforcement – to federal, state and local law enforcement officials.
  • Legal Proceedings – in response to a court order or other lawful process.
  • Public Welfare – to address matters of public interest as required or permitted by law (e.g., child abuse and neglect, threats to public health and safety, cadaveric donations, and national security).
  • Workers’ Compensation – to the extent required or permitted by law, Agendia may release protected health information about you for workers’ compensation or similar programs.
  • Coroners and Funeral Directors – about decedents.
  • Other – as necessary to comply with the law.
Uses and Disclosures Requiring Your Written Authorization

In situations other than those described above, Agendia will ask for your written authorization before using or disclosing your protected health information.  For example, most uses and disclosures of psychotherapy notes, uses and disclosures of protected health information for marketing purposes, and disclosures that constitute a sale of protected health information require your authorization. If you have given Agendia an authorization, you may revoke it at any time, if Agendia has not already acted on it.  Agendia is unable to take back any disclosures already made with your authorization.  If you have questions regarding authorizations, please contact Agendia’s Privacy Official. Your Individual Rights The Privacy Rule gives you the right to make certain requests regarding protected health information about you. You may ask Agendia to:

  • You have the right to access your PHI (Protected Health Information) that we have created.  You can request to receive a copy of your test results we have on file.  Please contact our Customer Care Department to obtain the request form to retrieve your test results.  We may provide a copy or a summary of your health information, usually within 30 days of your written request.
  • Restrict the way Agendia uses or discloses protected health information about you in connection with health care operations, payment and treatment. You also have the right to ask Agendia to restrict disclosures to persons involved in your health care. While Agendia will consider reasonable requests, Agendia is not required to agree to your request.
  • Amend your record if you examine your protected health information and believe that some of the information is wrong or incomplete. Your request must be in writing and must include the reason for the request. We will comply with your request unless we are not the originator of the information or we believe that the information you request to be amended is accurate and complete or special circumstances apply. If your doctor or another person created the protected health information that you want to change, you should ask that person to amend the information.
  • Provide a list of certain disclosures Agendia has made about you, such as disclosures of protected health information to government agencies. The accounting will not include disclosures made for treatment, payment or health care operations; disclosures made earlier than 6 years before the date of the request; and certain other disclosures excepted by law. Your request must be in writing. If you request such an accounting more than once in a 12-month period, Agendia may charge a reasonable fee.  Your written request must be for a stated time period, which may not be longer than six years.
  • Communicate your protected health information by alternative means of communication or at alternative locations. For example, you can ask us not to call your home but to communicate with you only by mail.
  • Provide you with a paper copy of this Notice at any time by contacting Agendia’s Privacy Official.

You may make any of the requests described above by contacting Agendia’s Privacy Official. You also have the right to file a complaint if you think your privacy rights have been violated. To do so, please contact Agendia’s Privacy Official. You also may write to the Secretary of the U.S. Department of Health and Human Services. Agendia will not retaliate against you for filing a complaint.

Agendia’s Legal Obligations

The Privacy Rule requires Agendia to keep protected health information about you private (to the extent provided by the Privacy Rule), to give you notice of its legal duties and privacy practices, and to follow the terms of the Notice currently in effect. Agendia is required by law to notify you if there is a breach of your unsecured protected health information. This Notice is provided to you based solely on the Privacy Rule requirements and serves no purpose under the Employee Retirement Income Security Act of 1974 (“ERISA”). Thus, this Notice is not a document governing Agendia under ERISA and you may not bring a private cause of action based on this Notice or Agendia’s obligations under the Privacy Rule.

This Notice is Subject to Change

Agendia may change the terms of this Notice and its Privacy Statement at any time. If Agendia does, the new terms and policies may then be applied to all protected health information previously received and then maintained by Agendia, as well as protected health information created or received in the future. If Agendia makes any material changes to this Notice, Agendia will distribute a new notice on its website.

Contact Information

If you have any questions about this notice or have further questions about how Agendia may use and disclose your protected health information, please contact the privacy officer as set forth below.

Agendia Privacy Officer
22 Morgan
Irvine CA, 92629 USA
1.888.321.2732
customercare@agendia.com