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Privacy Policy

Last modified: June 19, 2024

INTRODUCTION

YorkTest Laboratories, Inc. and our parent company YorkTest Laboratories Ltd ("we", "us" or "our") respects your privacy and we are committed to protecting it through our compliance with this Privacy Policy. We have created this Privacy Policy, and will update it from time to time, to inform you of our policies regarding the collection, use and disclosure of personal information and the choices you have associated with that information. Capitalized terms used but not defined in this Privacy Policy have the meaning given to them in our other policies (e.g. our Terms of Use).

This Privacy Policy applies to all personal information collected through any written, electronic, or oral communications, and collected online or offline as you:

Before using our Site and Services, please carefully read our Terms of Use, which you can view here: Https://Www.Yorktest.Com/Us/Terms-And-Conditions/ and this Privacy Policy. By using this Site, you consent to the collection and use of the Personal Information in accordance with this Privacy Policy and our Terms of Use. If you do not feel comfortable with or disagree with any part of this Privacy Policy or our Terms of Use, you should not use or access our Site or Services.

We may modify this Privacy Policy at any time, without prior notice, and changes may apply to any Personal Information we hold about you, as well as any new Personal Information collected after the Privacy Policy is modified. If we make changes, a revised Privacy Policy will be posted to our Site; the date of the last revision is included at the top of the page. We will provide individuals who create an Account on our Wellness Hub ("Members") with notice by email if we make any material changes to how we collect, use or disclose Members’ Personal Information or that impact Members’ rights under this Privacy Policy. Members are responsible for ensuring we have an up-to-date active and deliverable email address to reach them. Your continued use or revisitation of the Site or the Services following the posting or notice of a revised Privacy Policy means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We also may provide additional "just-in-time" disclosures or additional information about the data collection, use and sharing practices of specific Services. Such notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your personal information.

This Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use our Site.

1. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect personal information when you use our Site and our Services. Personal information is any information that relates to you, identifies you personally or could be used to identify you including, but not limited to: your name, mailing address, email address, telephone number, or any other information defined as "Protected Health Information" under HIPAA laws and regulations or equivalent laws in other country jurisdictions.

The types of personal information that we may collect include, but is not limited to: the information you provide to us, information collected automatically about your use of our Site, information from third parties, including our business partners.

Information You Voluntarily Provide to Us The personal information we collect from you may include:

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, "User Content"). Your User Content is posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Services with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.

If you choose to utilize our Services, you will collect the appropriate biological sample(s) using a sample collection kit. The sample and your information will be provided to our Laboratory or another Laboratory for the purpose of providing the Services. The Laboratory will store your test results and related data as required by applicable laws, regulations, and College of American Pathologists ("CAP") accreditation standards or equivalent regulations in other jurisdictions. Samples and test related data may be used or stored for regulatory compliance or healthcare operations, and de-identified for internal quality control, validation studies, and internal research and development purposes.

Information From Third Parties. When you interact with any YorkTest property page or account on a social media platform, we may collect the personal information that you or the platform make available to us on that page or account, including your social media account ID and/or user name associated with that social media service, your profile picture, email address, friends list or information about the people and groups you are connected to and how you interact with them, and any information you have made public in connection with that social media service. The information we obtain depends on your privacy settings on the applicable social media service; we will comply with the privacy policies of the social media platform and we will only collect and store such personal information that we are permitted to collect by those social media platforms. When you access our Site through social media services or when you connect the Services to social media services, you are authorizing YorkTest to collect, store, and use such information and content in accordance with this Privacy Policy.

Information Collected Automatically As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

2. HOW WE USE YOUR INFORMATION

We will only use your personal information as described in this Privacy Policy or as disclosed to you prior to such processing taking place. The purposes for which we may use your personal information include:

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please email us at [email protected] to opt out.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

3. SHARING AND DISCLOSURE OF PERSONAL INFORMATION

We may share or disclose your personal information in the following circumstances:

Analytics

Consent

Please note that we may disclose, without restriction, aggregated or anonymized information about our users, which is information that does not identify any specific individual. Different regulatory conditions may apply in other country jurisdictions.

4. MARKETING COMMUNICATIONS

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

If you do not wish to have your email address or other contact information used by us to promote our own or third parties’ products or services, you can opt-out by sending an email stating your request to [email protected]. You may also choose to stop receiving our promotional or marketing communications by following the "unsubscribe" instructions included in these messages. This opt out does not apply to information provided by us as a result of a product purchase, warranty registration, product service experience or other transactions.

Please note that "opt-out" and "unsubscribe" requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to the prior privacy settings. Additionally, you should be aware that any information provided to third parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.

5. KEEPING YOUR PERSONAL INFORMATION ACCURATE AND DELETION

We are committed to ensuring that your personal information is kept accurate and up to date. However, it is up to you to update it with any changes. You can review and change your personal information by logging into the Site and visiting your Account profile page. You may also send us an email at [email protected] to request access to, or to correct any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you no longer wish to participate in our Services, or no longer wish to have your Personal Information be processed, you may request to delete your account and the information in your account, subject to certain limitations, by emailing us at [email protected]. Once you submit your request, we will send an email to the email address linked to your account requesting that you confirm your deletion request. Once you confirm your request to delete your account and data, your account will no longer be accessible while we process your request. Once you confirm your request, this process cannot be cancelled, undone, withdrawn, or reversed. When your Account is deleted, all associated personal information is deleted, unless we are required to maintain it for regulatory and compliance purposes or for a legal or business necessity.

If you delete your User Content from the Site, copies of your User Content may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including User Content, is governed by our Terms of Use.

6. YOUR CALIFORNIA PRIVACY RIGHTS

This whole section 6. applies only to California residents and only if the California Consumer Privacy Act of 2018 applies to YorkTest Laboratories Inc and/or YorkTest Laboratories Ltd.

Pursuant to the California Consumer Privacy Act of 2018 ("CCPA"), below is a summary of the "Personal Information" categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third parties with whom we may share your Personal Information. We do not generally sell information as the term "sell" is traditionally understood. However, if and to the extent "sale" under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for interest-based advertising, we will comply with applicable law as to such activity.

We generally collect the following categories of Personal Information about your when you use our Site or services:

For more information about the Personal Information we collect and how we collect it, please refer to Sections 1 and 2, above.

We collect your Personal Information for the business purposes described in Section 2, above. The CCPA defines a "business purpose" as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.

The categories of third parties with whom we may share your Personal Information are listed in Section 3, above.

Privacy Rights

If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your Account with us or the security of our network systems.

To assert your right to know or your right to delete your Personal Information, please contact us according to the "Contact Information" section below. To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.

In addition, California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if applicable). To make such a request, please send an email or write to us (see Contact Information below).

7. DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third party payment processors, who will use appropriate security procedures.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. You should not share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

8. INTEGRATION OF THIRD-PARTY PLATFORMS AND SERVICES

The Site may be linked to, rely on and be integrated with websites, applications, interfaces, services and platforms operated by other companies, including Third-Party Services. The Site may also feature advertisements from these companies. We are not responsible for the privacy practices of such websites, applications, interfaces, services and platforms operated by third parties that are linked to, rely on and/or integrated with the Site or for the privacy practices of third party advertising companies. Once you leave this Site via a link, access a third-party service or click on an advertisement, you should check applicable privacy policies to determine, among other things, how related companies process Personal Information they may collect about you. This Privacy Policy applies solely to information collected by YorkTest.

9. INFORMATION AND SAMPLE RETENTION.

We are subject to multiple laws on the retention of information and will retain your information for as long as is reasonably necessary to comply with our business and legal obligations and to meet regulatory and compliance requirements.

10. GEOGRAPHIC RESTRICTION

Our Site is intended for individuals who are 18 years of age or older and reside in the United States of America except in States in which we do not sell our Services. We make no representations that our Site or Services are appropriate or available for use outside of the United States. If you are a resident of another country, or are accessing the website from outside of the United States, please note that you are transferring data to the United States of America which does not have the same data protection laws as the European Union, the UK and/or other geographical regions.

11. CHILDREN’S PRIVACY.

We are committed to protecting the privacy of children as well as adults. A parent or guardian may create an account for, and provide information related to, his or her dependent child who is under the age of 18. The parent or guardian assumes full responsibility for ensuring that the information that he/she provides is kept secure and that the information submitted is accurate.

12. GOVERNING LAW

All disputes arising out of or relating to the Privacy Policy or the purchase, registration, or use of any YorkTest product or Services shall be governed by English law regardless of where you access the Site or the Services, and notwithstanding of any conflicts of law principles.

13. PRELIMINARY EQUITABLE RELIEF AND INTELLECTUAL PROPERTY CLAIMS

YorkTest may bring a claim related to intellectual property rights, or seek temporary or preliminary specific performance or temporary or preliminary injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.

14. MISCELLANEOUS

1. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under the Agreement. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

2. Limitation of Time to File Claims. Any action, claim or dispute you have against us must be filed within one year, unless prohibited by applicable law. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.