Seonix Privacy Notice

Seonix Privacy Notice

Effective Date: 23^rd of August 2024

Seonix US, Inc. (“Seonix,” “we,” “our,” and/or “us”) values the privacy of individuals who use our website (https://www.seonixbio.com/) (“Website”), clinician portal (https://portal.seonixbio.us/login) (“Portal”), and related services (collectively, our “Services”). This Privacy Notice (the “Privacy Notice”) explains how we collect, use, and disclose information from users of our Services (“Users”). It applies to clinicians, practice managers, and other health providers that use our Services (“Clinicians”), the patients of Clinicians (“Patients”), as well as any other Users that visit our Services. By using our Services, you agree to the data collection, use, disclosure, and procedures this Privacy Notice describes. Beyond the Privacy Notice, your use of our Services is also subject to our Terms of Use (www.seonixbio.com/terms-of-use).

Please note that if we are providing any part of our Services to you on behalf of a third-party partner (such as your employer if you are a Clinician or a health care provider if you are a Patient) who has paid (in whole or in part) for you to use the Services, we will abide by the terms of our agreement with that third-party partner related to the collection, use, and disclosure of your information related to such Services. This Privacy Notice does not apply to our processing of your data on behalf of those partners.

Information We Collect

 

A. Information You Provide to Us.

Portal Registration Information. If you are a Clinician and you register to use our Services on the Portal, we ask you for your name, clinic, email address, clinic address and clinic phone number, license number (if relevant) and billing contact information.

Sample Collection Kit Registration. If you are a Patient, then you (or your Clinician) must register your sample collection kit on our Service. When you register your sample collection kit, we ask you for information such as your test kit barcode, referral ID, name, date of birth, and address.

Communications. If you contact us directly, we and our third-party communications providers may receive additional information about you, such as your name, email address, country of residence, institution/company, and the contents of a message or attachments that you may send to us, and other information you choose to provide. If you sign up to hear the latest news and keep up to date as we launch new services, then we will collect certain information from you, such as your name, email address, country of residence, institution/company, and position. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Services.

Careers. If you decide that you wish to apply for a job with us, you may submit your contact information and your resume to us via email. We will collect the information you choose to provide on your resume, such as your education and employment experience. You may also apply through LinkedIn. If you do so, we will collect the information you make available to us on LinkedIn.

Payment Information. If you make a purchase through our Services, your payment-related information, such as credit card or other financial information, is collected by our third-party payment processor on our behalf.

B. Information We Collect When You Use Our Services.

Device Information. We receive information about the device and software you use to access our Services, including IP address (which may provide us with your general location information), web browser type, operating system version, and device identifiers.

Usage Information. To help us understand how you use our Services and to help us improve them, we automatically receive information about your interactions with our Services, like the pages or other content you view, the searches you conduct, and the dates and times of your visits.

Information from Cookies and Other Tracking Technologies. We and our third-party partners collect information using cookies, pixel tags, or tracking technologies. Our third-party partners, such as analytics partners, may use these technologies to collect information about your online activities over time and across different services.

C. Information We Receive from Other Sources.

Patient Information. 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. Such information may include your name, date of birth, biological sex, whether you have a disease related to the services we have been asked to provide, the status of that disease, and other relevant clinical information, phone number, email address, and family history of medical conditions.

 

How We Use the Information We Collect

We use the information we collect:

• To provide, maintain, improve, and enhance our Services, including to create genetic data and determine Patient’s genetic risk of developing disease or having that disease progress and provide that information to the Patient’s Clinician.
• To personalize your 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.

 

How We Disclose the Information We Collect

Parent Company. We may disclose any information we receive to our parent company, Seonix Pty Ltd.

Affiliates. We may disclose any information we receive to our current or future affiliates for any of the purposes described in this Privacy Notice.

Vendors and Service Providers. We may disclose any information we receive to vendors and service providers retained in connection with the provision of our Services, including laboratory partner, Pacific Dx, an independent US-based CLIA/CAP accredited partner laboratory that performs SightScore testing.

Health Care Providers. If you are a Patient, we may disclose information about you, such as your genetic risk of developing glaucoma, to your Clinicians and other health care providers on behalf of your Clinicians. Such disclosures are subject to our agreements with your Clinicians and not this Privacy Notice.

 

Marketing

Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. You can learn more about Google’s practices by visiting https://www.google.com/policies/privacy/partners/.

Advertising Partners. We work with third-party advertising partners to show you ads that we think may interest you. Some of our advertising partners are members of the Network Advertising Initiative (https://optout.networkadvertising.org) or the Digital Advertising Alliance (https://optout.aboutads.info). If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking, or you can install the AppChoices mobile app to learn more about how you may opt out of personalized ads in mobile apps.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the Services.

Merger, Sale, or Other Asset Transfers. We may transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets. The use of your information following any of these events will be governed by the provisions of this Privacy Notice in effect at the time the applicable information was collected.

Consent. We may also disclose your information with your permission.

 

Your Choices

Marketing Communications. You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt out of receiving promotional messages from us, you will continue to receive administrative and transactional messages from us.

 

Third Parties

Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Notice does not apply to your activities on these third-party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.

 

Security

We make reasonable efforts to protect your information by using physical and electronic safeguards designed to improve the security of the information we maintain. However, because no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your information.

 

Children’s Privacy

Our Website is directed towards adults and are not designed for, intended to attract, or directed to children under the age of 16.  If you are under the age of 16, you must obtain the authorization of a responsible adult (parent or legal guardian) before using or accessing our websites.  If we become aware that we have collected any personal information from children under 16 without the authorization of a responsible adult, we will promptly remove such information from our databases.

 

International Visitors

Our Services are hosted in the United States and intended for visitors located within the United States. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the U.S. for storage and processing. We may also transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. By providing any information, including personal information, on or to the Services, you consent to such transfer, storage, and processing.

 

U.S. State Privacy Rights

This section provides additional disclosures to California, Nevada, Texas, and Washington residents under their respective state privacy laws, including further information on their rights under such laws.

 

In this section, when we use the term “personal information” we mean it (or similar term, such as “personal data”) as it is defined under those laws.

 

Verification. We’ll need enough detail to understand and respond to your request. We may need to verify your identity to process your requests and may also need to confirm your state residency. To verify your identity, we may require a combination of government identification, or other information. We may also require you to login from a verified valid device or verify that the device you’re logging in from is valid.

 

Authorized Agents. You can have an authorized agent make a request on your behalf, but we’ll need to verify your agent’s identity. We would also need a copy of a valid power of attorney, or a written and signed permission to exercise your privacy rights on your behalf. We may still need to verify your identity and may ask you to directly confirm that you provided your authorized agent permission to submit the request on your behalf.

 

Sensitive Information. We process “sensitive personal information” (or similar term, such as “sensitive data”) only as reasonably expected for providing the Services that you’ve requested or as otherwise permitted without requiring a corresponding right to restrict or limit such use.

 

Profiling. We do not undertake any “profiling in furtherance of decisions that produce legal or similarly significant effects” on our users.

 

Medical Information. For purposes of California residents, we process “Medical Information” which is “any individually identifiable information, in electronic or physical form, in possession of or derived from a provider of health care, health care service plan, pharmaceutical company, or contractor regarding a patient’s medical history, mental or physical condition, or treatment” as that terms is defined by the California Medical Information Act (“CMIA”).

 

Consumer Health Information. For purposes of Nevada and Washington law, you may have consumer health data rights. “Consumer Health Data” 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. It does not apply to information we may collect about you that is exempt from the U.S. Consumer Health Data laws, which include, 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

 

More information about these rights, please see our U.S. Consumer Health Data Privacy Policy.

 

Limit the Use of My Sensitive Personal Information

U.S. State Consumer Data Privacy Laws gives some consumers the ability to limit the use and disclosure of their Sensitive Personal Information to only that which is essential for us to provide our services to you. Seonix does not collect Sensitive Information for general marketing purposes and we do not sell or share Sensitive Information as those terms are defined under U.S. State Consumer Data Privacy Laws. You may limit our use of your sensitive personal information by completing this Form.

We will respond to your request to limit as soon as feasible, but no later than 15 business days after receiving a verifiable request.

 

California Residents

Shine the Light Law: Pursuant to Section 1798.83-.84 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, what types of personal information, if any, the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, please contact us by emailing support@seonixbio.us with “CA Shine the Light Privacy Requests” in the subject line. Please note that, under the law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email.

 

Medical Information Under CMIA: California residents shall be given access to inspect or get copies of their medical records upon payment of reasonable clerical costs and certain other conditions.

 

We may disclose you Medical Information as allowed by law without your written authorization, including, when compelled as follows: (1) court order; (2) by board, commission or administrative agency for purposes of adjudication; (3) by a party to a legal action before a court, arbitration, or administrative agency, by subpoena or discovery request; (4) by a board, commission or administrative agency pursuant to an investigative subpoena; (5) by an arbitrator or arbitration panel, when arbitration is lawfully requested by either party; (6) by lawful search warrant; (7) at the “request” of the coroner; or (8) as otherwise specified by law. Except for the circumstances identified above, we will only disclose your Medical Information upon your consent.

 

Do Not Track

As discussed above, some information about you we obtain automatically through technological means and we may tie this information to Personal Data about you that you provide to us or that we collect from other sources. “Do Not Track Signals” is setting that allows you to opt-out of automatic collection of information about you. At this time, we do not respond to “Do Not Track” requests.

 

Update Your Information

If you are a Clinician, you can update your Portal account and profile information or close your account through by asking your Portal system administrator, through your profile settings, or if these options are not available, by emailing us at support@seonixbio.us.

 

Retention of Information

To the extent permitted by law, we may store information provided to us in the context of performing our Services for as long as we need it to provide and improve our Services and to perform the activities described in this Notice.  This information will remain subject to this Privacy Notice and legal requirements, for as long as we retain it.

 

Security

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

 

Seonix Genetic Testing Services

This section describes policies specific to the genetic testing services offered by Seonix.

As part of the Seonix genetic testing service, you or your Clinician may provide us with your sample (e.g. saliva, blood), along with your relevant health and personal information.  Seonix then analyzes the genetic information contained within the sample and delivers a genetic test report to your Clinician. Your sample and the health and genetic information Seonix receives and generates about you (collectively, “your data”) is considered as sensitive personal data by regulators. Your data is subject to strict legal requirements regarding how it can and cannot be used and how it must be protected.

How Seonix Uses and Shares Your Genetic Data.

The following activities are a core part of Seonix’s genetic testing services such that when you consent to a genetic test, you are consenting to and understand you cannot opt-out of these activities:

• Providing genetic testing services, including preparing and delivering a genetic test report to your Clinicians.
• Performing operational activities in support of genetic testing services, such as billing for services Seonix provides. Seonix may contact you via text and/or email as part of delivering the genetic testing services.
• Internal uses for validation, quality improvement, improving, and updating Seonix genetic testing services, and product development related to genetic testing.
• Sharing of data that is summarized at a group or aggregate level rather than data that is specific to a single individual.
• Sharing of the contact information of your Clinician with third parties if your Clinician has provided consent.

You also consent to the research and commercial activities set out below, you can opt out of any of the following activities by emailing us at support@seonixbio.us. Samples originating in the State of New York will not be eligible for the research and commercial activities described below. No tests other than those authorized shall be performed on your biological sample, though your de-identified data may still be utilized unless you opt out as described above.

• Performing internal research activities. These are activities where Seonix uses patient samples or data to generate new knowledge.
• Sharing de-identified data and samples with third parties for research or commercial activities.
  • Third parties may include academic researchers/collaborators, commercial entities, and other genetic testing laboratories. Recipients of the de-identified data and samples are prohibited from attempting to re-identify you. Recipients may link de-identified data from Seonix with other data sources to create a combined data set as long as the data remains de-identified. Seonix will NOT share your identifiable data or sample without your additional, explicit consent. If you opt out of data sharing after your data has already been shared, you understand your data cannot be “un-shared”.
• Contacting you about research opportunities, opportunities to connect with others, product feedback, and new products and services.

 

Location of processing of sample and data: Seonix will process your data and sample in the United States or Australia.

 

Retention of data and samples: Seonix will retain your data and sample for as long as reasonably necessary for the purposes described above. However, if you are a resident of New York, your sample will be destroyed no more than 60 days after the sample was taken or at the end of the testing process, whichever is later.

 

Changes to this Privacy Notice 

We will post any adjustments to the Privacy Notice on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or disclose personal information previously collected from you through the Services, we will notify you through the Services, by email, or other communication.

 

Contact Information

If you have any questions, comments, or concerns about our processing activities, please email us at support@seonixbio.us.