US Consumer Health Data Privacy Policy

Effective Date: 23rd of August 2024
Introduction / How this Notice Applies to You

This U.S. Consumer Health Data Privacy Policy (“Consumer Health Policy” and “Policy”) applies to U.S. Consumer Health Data that Seonix US and its affiliates (“Seonix”, “we”, “our”, “us”) collects about U.S. residents (“U.S. Consumers”) who are subject to U.S. law, pertaining to consumer health data (“U.S. Consumer Health Data Acts”). Specifically, this Consumer Health Data Privacy Policy seeks to comply with the Nevada Consumer Health Data Act, NRS Chapter 603A, the Washington My Health Data Law, RCW 19.373, and any other application consume health data privacy or similar law.

“Consumer Health Data” as used in this Consumer Health Policy means personal information that is linked or reasonably linkable to a U.S. Consumer that Seonix uses to identify that individual’s past, present, or future physical or mental health status.

This Consumer Health Policy does not apply to information we may collect about you that is exempt from the U.S. Consumer Health Data Acts that includes, without limitation, the following:

  • Information that is “protected health information” or “PHI” under HIPAA, which includes health information
  • Personal information intermingled with PHI that is subject to HIPAA that we maintain in our capacity as a health care provider under HIPAA
  • Personal information collected in connection with our recruitment and pre-screening of clinical trial participants and in the operation of clinical trials and related research efforts, including the provision of expanded access to drugs that are the subject of clinical trials
  • Personal information used only for public health activities and purposes
  • Personal information subject to the Fair Credit Reporting Act
  • Personal information that federal or state law expressly authorizes use to collect or share, including when we function as a manufacturer under FDA regulations
  • Information that has been de-identified in accordance with HIPAA de-identification requirements
  • Publicly available information
  • Information collected about U.S. Consumers when acting in their capacity as employees, independent contractors, or job applicants

When we refer to “Consumer Health Data” in this Consumer Health Policy, it does not include any of the categories of personal information listed above.

 

What Consumer Health Data Do We Collect About You

We collect the following categories of Consumer Health Data:

  • Medical and physical health conditions and biometric information, including whether you have a disease related to the genetic testing services we have been asked to provide, the status of that disease, and other relevant clinical information;
  • Family history of medical conditions;
  • Information about health-related conditions, treatment, diseases, or diagnoses ;
  • Medical interventions, treatments, and medication obtained or prescribed ;
  • Bodily functions, vital signs, symptoms, or measurements of other types of consumer health data ;
  • Diagnoses or diagnostic testing, treatment, or medication;
  • Data that identifies individuals seeking health care services, including your name, date of birth, biological sex, phone number, and email address; and
  • Other information that may be used to identify your health condition.
For What Purposes Does Seonix Collect Your Consumer Health Data

We collect and use U.S. Consumer Health Data for the following purposes:

  • To provide information about and provide our products, services and programs, including patient support programs;
  • To manage our relationship with you, including customer service or to respond to your inquiries about our products and services;
  • To provide, maintain, improve, and enhance our services, including to create genetic data and determine a patient’s genetic risk of developing disease or having that disease progress and provide that information to the patient’s clinician.
  • To personalize patient experience on our services such as by providing tailored content and recommendations;
  • To understand and analyze how you use our services and develop new products, services, features, and functionality;
  • To communicate with you, provide you with updates and other information relating to our services, provide information that you request, respond to comments and questions, and otherwise provide customer support;
  • For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable or otherwise of interest to you;
  • To generate de-identified or aggregate data that we may use or disclose for any lawful purposes such as to publish reports;
  • To facilitate transactions and payments;
  • To find and prevent fraud and abuse, and respond to trust and safety issues that may arise;
  • For compliance purposes, including enforcing our Terms of Use or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
  • For other purposes for which we provide specific notice at the time the information is collected.
What Are the Sources of Consumer Health Data

We collect your Consumer Health Data from the following sources:

  • Directly from you when you share it with us, from your interactions with our products and services, including:
    • data from connected devices or profiles, with permission; and
    • data submitted by you.
  • With your permission, we and our business partners may collect your health data over time. If you are a patient, we may receive additional information about you directly from you, or from your clinicians or other health care providers, for example when you are referred to us for our Services.
  • Consumer Health Data collected from devices, including:
    • data collected through websites or data from mobile and internet-connected devices with permission ;
    • data collected when contacting or visiting Seonix, such as call recordings; and
    • data from cookies, web beacons, and similar technologies on websites or third-party websites.
Consumer Health Data We May Share With Third Parties or Affiliates

We may share Consumer Health Data:

  • As required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property or safety of others, including to law enforcement agencies, and judicial and regulatory authorities, to private attorneys who issue subpoenas or otherwise serve us with legal process and, to the extent required, the individuals or entities they represent
  • With our parent company, Seonix Pty Ltd
  • With authorized representatives, including family members, caregivers, and legal representatives
  • With our affiliates for the purposes described in this Consumer Health Policy. Our affiliates are here: Pacific DX, an independent US-based CLIA/CAP accredited partner laboratory that performs the SightScore test.

We do not allow third parties to collect Consumer Health Data over time and across different Internet websites or online services when you use our websites or online services

What Are My Consumer Rights and How Do I Exercise Them?

Consumers as defined above have the following rights with respect to their Consumer Health Data:

  • Right to Know: The right to confirm whether we are collecting, sharing, or selling their Consumer Health Data
  • Right to Know Third Parties: The right to obtain a list of all third parties with whom we have shared or sold their Consumer Health Data
  • Right to Delete: The right to request that we delete their Consumer Health Data Additionally, U.S. Consumers have a right to request that we stop collecting, sharing, or selling Consumer Health Data.
  • Right to Withdraw Consent: You have the right to opt out or otherwise withdraw consent to collect, use and share your information. However, following activities are core to the clinical testing service such that when you consent to a SightScore test, you consent and understand that you cannot opt out of these activities by Seonix or our Laboratory Partners:
    • Receiving texts or emails from Seonix regarding the provision of the clinical testing service. You agree that unencrypted electronic communications carry certain risks. For example, text messages could be received by other people who have access to your device. You acknowledge that you understand the risks and you expressly consent to receiving unencrypted text messages and email communications containing your health information at the cell number and email address provided by you or on your behalf.
    • Internal uses for validation, quality improvement, laboratory audit, process improvement and product development related to genetic testing.
    • Sharing of aggregate or group level data, but only after all personal identification information has been removed.

To exercise these rights, please contact us at support@seonixbio.us or via this form. We may require additional information to authenticate that you made the request(s). If we are unable to authenticate the request(s) using commercially reasonable efforts and asking for additional information, we will not be able to comply with the request. We will respond to deletion requests within 30 days from when we receive your request and will respond to other requests within 45 days. In some circumstances, we may need additional time to process your request. If we expect your request is going to take us longer than normal to fulfill, we will let you know. If your request is denied, you may appeal that decision as specified in our letter or denial. We will process and respond to your appeal within the time permitted by the U.S. Consumer Health Data Acts.

Right to Appeal

If we refuse to take action in response to your request, you may appeal by contacting us via email at support@seonixbio.us subject matter “Consumer Health Data Subject Request Appeal”.

Security

We employ technical, organization and administrative measures to best protect your information. Understanding, however, that no electronic system is one hundred percent safe.

Material Changes to this Policy

We may change this Consumer Health Policy from time to time and will notify you by notice on our Website, located at www.seonixbio.com and in this Consumer Health Policy of material changes.

Contact Us

If you have questions about this Consumer Health Policy or want to obtain more information about our privacy practices, please contact us at support@seonixbio.us.