Privacy Policy

Privacy Policy — Vitagene, Inc.

Last Updated: April 22, 2020

Vitagene, Inc. and its subsidiaries and affiliated entities (such as 1health.io) (“Vitagene,” “we” or “us”) provide individualized health guidance based on questionnaires, lab data (including DNA, blood, microbiome and other tests), and other user and user-directed input. This Privacy Policy applies to information we collect from or about you, including when you create an account, register a testing kit and receive related results, use our websites, mobile applications, products, services, and other online products and services that link to this Privacy Policy, make purchases, contact our customer service team, engage with us on social media, or otherwise interact with us (collectively, our “Services”). This Privacy Policy does not apply to aggregated or de-identified information that cannot reasonably be used to identify you.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you. If you do not agree with any aspect of this Privacy Policy, you should immediately stop using our Services. 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, our Service Agreement and Informed Consent or our Consent for Research Form).

CONTENTS

COLLECTION OF INFORMATION

Information You Provide to Us

We collect information you provide directly to us, including but not limited to the following: 

  • Health information. For example, when you purchase, register, access, or use the testing kit or related platforms, applications and services (“Testing Kit”), you consent to our collection, use, and disclosure of information you provide including, but not limited to, your health and/or disease-related information and conditions (such as current symptoms, medical history, current medical conditions and associated treatments), clinical and other information necessary to process and report the results of your Testing Kit, and any other information exchanged in emails, texts, chats or calls between you and Vitagene or the Independent Health Care Professionals or partner Labs, and their professional entities. 
  • Personal information you voluntarily provide to us. In addition, we collect information you provide directly to us when you create an account, register your testing kit, submit or post content through our Services, make a purchase, communicate with us via third-party platforms, participate in a loyalty program or promotion, request customer support, otherwise communicate with us, or share information about yourself through questionnaires, forms, features, and applications. The types of personal information we may collect include your name, email address, postal address, phone number, credit card and other payment information, and any other information you choose to provide.
  • Testing Kit information. In order for your Testing Kit to be processed, you must create a Vitagene account, register your Testing Kit, produce the saliva or other sample as directed by the Testing Kit instructions (and, if completing a COVID-19 kit or other kit requiring medical supervision, as supervised by a healthcare provider), and ship the completed Testing Kit to our partner laboratory. As part of the Testing Kit registration and processing requirements, you will be prompted to review and, for some, accept the terms of this Privacy Policy, Terms of Use, Service Agreement and Informed Consent, Consent for Research, and other related consent forms and documents. By creating an account, registering your Testing Kit, submitting it for processing, and accepting the contents of the required documents (“Testing Kit Process”), you consent to our collection, use, and sharing of the information you submit, including health and genetic-related information, according to the terms specified in each of the required documents. Once received, our partner Lab will process the Testing Kit and provide the results to your Vitagene account or, if completing a COVID-19 or other medically-supervised kit, to your Independent Health Care Professional for review and release to you. If you choose not to complete the Testing Kit Process, your Testing Kit may not be processed.

Other Information We Collect When You Interact with Us

When you access or use our Services or otherwise transact business with us, we automatically collect information about your activities, including:

  • Activity Information: We collect information about your activity on our Services, such as completing questionnaires, receiving and reviewing lab results, or purchasing nutritional supplements. Additionally, with your consent and registered test kit, we extract your DNA and related genetic information from your submitted saliva sample and analyze it to provide you with related reports and product recommendations. 
  • Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and date and location of the transaction.
  • Device and Usage Information: We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information about your activity on our Services, such as access times, pages viewed, links clicked, and the page you visited before navigating to our Services.
  • Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use tracking technologies, such as cookies and web beacons, to collect information about you. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that may be used in our Services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see our Cookie Policy and the Your Choices section below.

Information We Collect from Other Sources

We may also obtain information about you from other sources. For example, we may collect information about you from healthcare providers and clinics (including licensed medical professionals), testing labs, and others you direct to share personal information with Vitagene. 

Information We Derive

We may derive information or draw inferences about you based on the information we or our partners collect. For example, we may make inferences about your location based on your IP address or infer that you are looking to purchase certain products based on your browsing behavior and past purchases. 

USE OF INFORMATION

We use the information we collect to provide, maintain, and improve our Services including, but not limited to, populating the 1health.io platform and related artificial intelligence capability. The information is also used to conduct research and collaborate with licensed medical professionals and their related institutions on such research. We also use the information we collect to:

  • Process account creation, kit registration, and other transactions and send you related information, including products, kits, confirmations, receipts, invoices, customers experience surveys, and recall notices;
  • Market and communicate with you about products, services, events and other promotions offered by Vitagene, or, subject to any consents or authorizations that are required by applicable law, those of our third-party partners, and provide news and information we think will interest you (see Your Choices below for information about how to opt out of these communications at any time) Provide and administer research, analytics, and anonymous reporting for internal and external clients and business partners;
  • Oversee collection of (via telehealth platform) and process, analyze, and deliver sample collection, testing, and lab results;
  • Send you technical notices, security alerts, and support and administrative messages and to respond to your comments, questions, and to provide you customer service;
  • Provide and administer our loyalty program;
  • Monitor and analyze trends, usage, and activities in connection with our Services; 
  • Tailor your experience on our Services;
  • Personalize your online experience and the advertisements you see when you use our Services or third-party platforms based on your preferences, interests, and browsing and purchasing behavior and audit your interactions with our online ads, including by counting ad impressions and verifying positioning and quality of ad impressions;
  • Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards; 
  • Detect, investigate and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity, and protect the rights and property of Vitagene and others;
  • Debug to identify and repair errors in our Services; 
  • Comply with our legal and financial obligations; and
  • Carry out any other purpose described to you at the time the information was collected.

SHARING OF INFORMATION

We share personal information in the following circumstances or as otherwise described in this policy: 

  • With vendors, service providers, and consultants that need access to personal information in order to perform services for us, such as licensed medical providers who order and oversee sample collection and interpret, analyze, and deliver lab results, and companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, analytics, marketing and advertising;
  • With third parties such as pharmacies, supermarket chains, nutrition and supplement manufacturers, and other providers and retailers to promote and offer their products and services to you;
  • With licensed medical professionals, collaborative research partners and research institutions for research purposes with your explicit consent. For instructions on how to review and provide your explicit consent to participate in such research, please review our Consent for Research Form;
  • Publicly on our Services if you submit a product review or post content such as a blog or other influencer posting in another public area of our Services;
  • With third parties for their own services and marketing purposes, unless you opt out of this type of sharing by submitting this form found on our “Do Not Sell My Personal Information” webpage or emailing us at support@vitagene.com;
  • If we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
  • If we believe your actions are inconsistent with our user agreements or policies, if we believe you have violated the law, or to protect the rights, property, and safety of Vitagene, our users, the public, or others;
  • With our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests;
  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; 
  • Between and among Vitagene and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and
  • With your consent (for example through the acceptance of a Consent Form) or at your direction.

Please note, only de-identified or aggregated information is shared with our collaborative research partners. 

SOCIAL SHARING FEATURES 

The Services may offer social sharing features and other integrated tools, such as the ability to register and login using your third-party social media account details (like your Facebook login). The information we receive about you in connection with your log in varies depending on the social media provider but will be shared with you at the time of your account creation. We will use the information we receive as described in this Privacy Policy or for purposes that are otherwise made clear to you on the Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the social media providers.

ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

We allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile apps. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of our Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information may be used by Vitagene and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices (if in the US) or http://www.youronlinechoices.eu/ (if in the EU). Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes.

We also work with third parties to serve ads to you as part of customized campaigns on third-party platforms (such as Facebook). As part of these ad campaigns, we or third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and serve you advertising that is customized to your interest. Note that the third-party platforms may offer you choices about whether you see these types of customized ads.

Vitagene does not respond to Do Not Track (“DNT”) signals to the extent received from a web browser. Because there currently is not a universally accepted technological or legal standard for recognizing or honoring DNT signals as reflections of user choice, we do not respond to them at this time. Once such technology is created and has received applicable regulatory approval, we will consider (a) whether it is possible; and (b) if so, how it can be incorporated within our environment in the future.

TRANSFER OF INFORMATION TO THE U.S. AND OTHER COUNTRIES

Vitagene is headquartered in the United States and we have operations and service providers in the United States, Chile, India, Russia and other countries. Therefore, we and our service providers may transfer your personal information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take reasonable steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.

YOUR CHOICES

Account Information

You may update and correct certain account information you provide to us at any time by logging into your account, emailing us at support@vitagene.com or submitting this form. If you wish to deactivate your account, please email us at support@vitagene.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of some of our Services. For more information about cookies and how to disable them, see our Cookie Policy.

Promotional Communications

You may opt out of receiving promotional emails or text messages from Vitagene by following the instructions in those communications or by managing your communication preferences in your account settings menu. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations. You may also opt out of receiving promotional emails or text messages from third parties with whom we’ve shared your personal information as described in the “Sharing of Information” section above by following the instructions provided by such companies in their promotional communications to you.

Mobile Push Notifications

With your consent, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device. 

YOUR CALIFORNIA PRIVACY RIGHTS 

The California Consumer Privacy Act or “CCPA” (California Civil Code Section 1798.100 et seq.) and the “Shine the Light” Law (California Civil Code section 1798.83) afford consumers residing in California certain rights with respect to their personal information. If you are a California resident, this section applies to you. 

California Consumer Privacy Act

In the preceding 12 months, we have collected the following categories of personal information: 

  • identifiers (such as name, postal address, unique personal identifier, online identifier, internet protocol address, email address, or other similar identifiers); 
  • any categories of personal information described in California Civil Code Section 1798.80(e), including health information;
  • characteristics of protected classifications under California or federal law (such as, but not limited to, age, race, sex, sexual orientation, medical or health conditions),
  • commercial information such as records of products or services purchased, obtained, or considered by you; 
  • biometric information; 
  • internet or other electronic network activity information (such as browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement);
  •  professional or employment-related information; and 
  • inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. 

For examples of the precise data points we collect and the categories of sources of such collection, please see Collection of Information above. We collect personal information for the business and commercial purposes described in Use of Information above. 

California law requires that we provide transparency about personal information we “sell,” which for purposes of the CCPA broadly means scenarios in which we have shared personal information with third parties in exchange for valuable consideration. As described in this Privacy Policy, we may share your personal information with our partners, third parties or affiliates for our marketing or other purposes, including such third parties’ own purposes. To the extent such sharing is considered a “sale” under the CCPA, as a California resident, you have the right to opt out of these sales at any time by submitting this form found by visiting our “Do Not Sell My Personal Information” webpage or emailing us at support@vitagene.com. [We do not knowingly sell personal information about consumers under the age of 16.] 

Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of personal information we collect, use, disclose, and sell, (2) request deletion of your personal information, (3) opt out of any “sales” of your personal information that may be occurring, and (4) not to be discriminated against for exercising these rights. You may make these requests by submitting this form or emailing us at support@vitagene.com. We will verify your request by asking you to provide information related to your registered account or a recent interaction with us. We will not discriminate against you if you exercise your rights under the CCPA.

If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please contact us

We may offer you certain financial incentives permitted by the CCPA. They include the following: 

  • Periodic Contests or Sweepstakes. Each contest or sweepstake have its own terms and conditions describing how an eligible consumer may opt-in as well as withdraw from the contest or sweepstake. 
  • Loyalty Program. Earn points for qualifying submissions to or purchases from Vitagene. A member of the loyalty program can opt-in by creating a Vitagene account and can withdraw at any time from this program by submitting this form found on our “Do Not Sell My Personal Information” webpage or emailing us at support@vitagene.com.

Shine the Light

California law permits residents of California to request certain details about how their information is shared with third parties for their direct marketing purposes. If you are a California resident and would like to make such a request, please by submit this form or email us at support@vitagene.com

ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN EUROPE

If you are located in the European Economic Area, the United Kingdom or Switzerland, you have certain rights and protections under the law regarding the processing of your personal information, and this section applies to you.

Legal Basis for Processing

When we process your personal information, we will do so in reliance on the following lawful bases:

  • To perform our responsibilities under our contract with you (e.g., processing payments for and providing the products you have ordered and Services you have requested). 
  • When we have a legitimate interest in processing your personal information to operate our business or protect our interests (e.g., to provide, maintain and improve our products and services, conduct data analytics, and communicate with you).
  • When we find such processing is necessary to comply with a legal obligation to which we are subject (e.g., to maintain a record of your consents and track those who have opted-out of marketing communications).
  • When we have your consent to do so (e.g., when you agree to receive marketing communications from us). When consent is the legal basis for our processing your personal information, you may withdraw such consent at any time.

Data Retention

We store personal information for as long as is necessary for the purpose(s) for which we originally collected it, for as long as your account remains open, and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations (such as, but not limited to, the Clinical Laboratory Improvement Amendments of 1988, California Business and Professions Code Section 1265, and the College of American Pathologists accreditation requirements). 

Data Subject Requests 

You have the right to request access to the personal information we hold about you and to ask that your personal information be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict certain processing. If you would like to exercise any of these rights, please email us at support@vitagene.com

Questions or Complaints

If you have a concern about our processing of personal information that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. Contact details of your Data Protection Authority can be found using the links below:

For individuals in the EEA: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm 

For individuals in the UK: https://ico.org.uk/global/contact-us/ 

For individuals in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html

CONTACT US

If you have any questions about this Privacy Policy, please contact us at: 

Email address:  support@vitagene.com
Mailing address:  388 Market Street Suite 1300 San Francisco, CA, US, 94111