- IMPORTANT INFORMATION AND WHO WE ARE
- WHAT DATA WE COLLECT AND HOW WE COLLECT YOUR DATA
- HOW WE USE YOUR GENETIC DATA
- HOW WE USE YOUR PERSONAL DATA
- DISCLOSURES OF YOUR PERSONAL DATA
- INTERNATIONAL TRANSFERS
- DATA SECURITY
- HOW LONG WILL YOU USE MY PERSONAL DATA
- YOUR LEGAL RIGHTS
- PRIVACY RIGHTS FOR CLIENTS IN THE EUROPEAN ECONOMIC AREA.
- PRIVACY RIGHTS FOR RESIDENTS OF CALIFORNIA
1. Important Information and Who We Are
|U.S.||IT@novogeneusa.com||Novogene Corporation Inc, 8801 Folsom Blvd, Suite 290, Sacramento, CA 95628|
|U.K. & European Economic Areafirstname.lastname@example.org||25 Cambridge Science Park, Milton Road, Cambridge, CB4 0FW, United Kingdom|
You have the right to make a complaint at any time to the relevant data protection supervisory authority as listed below depending on your location. We would, however, appreciate the chance to deal with your concerns before you approach your relevant supervisory authority so, please contact us in the first instance.
|European Economic Area||https://edpb.europa.eu/about-edpb/about-edpb/members_en|
2. What Data and How We Collect Your Data.
What data we collect.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Genetic Data including genetic analysis from anonymized DNA and RNA samples.
- Identity Data includes first name, last name, username or similar identifier and job title.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our websites.
- Profile Data includes your username and password, purchases or orders made by you or your business, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our websites, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
How we collect your data.
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise.
This includes personal data you provide when you:
- apply for our services
- subscribe to our service or publications
- request marketing to be sent to you, or
- give us feedback or contact us
- Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below
- Anonymized Data (specifically including genetic data and DNA samples) from our clients.
- Technical Data from the following parties:
- analytics providers
- advertising networks, and
- search information providers
- Contact, Financial and Transaction Data from providers of technical, payment and delivery.
- Identity and Contact Data from data brokers or aggregators.
3. How We Use Your Genetic Data.
To provide our product or services, Novogene may collect, receive and process biological samples to isolate and sequence DNA and RNA. Novogene only processes such genetic data that has been rendered anonymous in such a manner that the origin of such genetic data is not or no longer identifiable by us, however, it is possible that our analysis includes enough genetic markers to be unique to an individual, even if we have removed other names or identifiers.
Novogene may store resulting genetic data and use the genetic data to provide our products and services, and share relevant genetic data with an authorized research partner or client when necessary to enable the partner or client to validate a test finding and in accordance with rights granted to Novogene, such as under the relevant terms of products or services.
Novogene’s specific uses of genetic data are described in the table below. Please note that this table also explains the legal basis for processing genetic data and in what circumstances genetic data will be shared with a third party, if at all.
|Purpose/Activity||Legal basis for processing||Lawful basis for processing including basis of legitimate interest|
|To provide support and maintenance services to clients who use our products and services.||To meet the requirements of a contract.||None.|
|To provide genotyping and sequencing services and analysis for our clients, including clinicians, business partners, and research partners.||Under a contract and/or informed consent subject to applicable legal requirements and/or legal and ethical safeguards.||Under a contract and/or informed consent subject to applicable legal and ethical safeguards, we may share genomic information with authorized partners and experts.|
|To conduct genotyping and sequencing services and analysis for research or clinical trials.||Under a contract and/or informed consent subject to applicable legal requirements and/or legal and ethical safeguards.||Under a contract and/or informed consent subject to applicable legal requirements and/or legal and ethical safeguards, we may share genomic information with authorized partners and experts.
Genomic information may be shared with regulatory agencies only as required by law or regulation.
|To conduct genotyping and sequencing services and analysis for quality control, process and product development and improvements, and optimization in our labs to reflect quality improvements and advances in our technology.||Under a contract and/or informed consent subject to applicable legal requirements and/or legal and ethical safeguards.||Under a contract and/or informed consent subject to applicable legal requirements and/or legal and ethical safeguards, we may share genomic information with authorized partners and experts.
Genomic information may be shared with regulatory agencies only as required by law or regulation.
4. How We Use Your Personal Data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal obligation.
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for Which We Will Use Your Personal Data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(a) Identity
|Performance of a contract with you|
|To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
|To carry out our genome sequencing services and other services to our clients||(a) Genetic data||(a) Performance of a contract with our clients|
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To administer and protect our business and our websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content to you and measure or understand the effectiveness of the content we serve to you||(a) Identity
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our websites, products/services, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our websites updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity
(f) Marketing and Communications
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional Offers from Novogene.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Unless you tell us otherwise by “unsubscribing” or “opting out”, we may also contact you regarding other products, services and related information that may be of interest to you. You can exercise your right to prevent such contact by setting your preferences on the Site or sending a letter to Novogene to the address as set forth in the Controller section. Please note that you may not unsubscribe or opt-out of account management communications (e.g., billing, status emails, support issues).
Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Failure to Provide Personal Data.
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at that time.
WE COMPLY WITH THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 (“COPPA”). COPPA REQUIRES THAT WEB SITE OPERATORS NEVER KNOWINGLY REQUEST PERSONALLY IDENTIFIABLE INFORMATION FROM ANYONE UNDER THE AGE OF 13 WITHOUT REQUESTING VERIFIABLE PARENTAL CONSENT.
In accordance with COPPA, we do not knowingly collect any personally identifiable information from individuals under the age of 13. If we determine that a user of this Site is under the age of 13, we will not maintain or use his or her personally identifiable information. If you suspect that someone under the age of 13 has submitted their personal information through the Site, please contact us using the information as set forth in the Controller section.
5. Disclosures of Your Personal Data
We may share your personal data with the parties set out below for the purposes set out in the table above.
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International Transfers
- Adequacy decision: Novogene will only transfer your personal data to non-EU countries which have been determined as having an adequate level of data protection. For further details, please visit European Commission – Adequacy Decisions.
- Contractual safeguards: Novogene will enter into Standard Contractual Clauses as previously approved by the European Commission and/or other standard clauses that may be prescribed by the applicable data protection laws. For further details, please visit European Commission – Standard Contractual Clauses.
Please contact us for any queries related to the specific transfer mechanisms used by Novogene.
7. Data Security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instruction, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. How Long Will You Use My Personal Data For?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your data: see [your legal rights] below for further information.
In some circumstances, we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. Your Legal Rights.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
Request to Access.
You have the right to access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request for Correction.
You have to right to request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request to Erase.
You have the right to request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to Processing.
You have the right to object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request Restriction of processing.
This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data’s accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request to Transfer Data.
You have the right to request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw Your Consent at Any Time.
Where we are relying on consent to process your personal data, you can withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please email us or our data protection officer at the address as set forth in the Controller section.
No Fee Usually Required.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What We May Need From You.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time Limit to Respond.
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.
- Legitimate Interestmeans the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
- Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
- Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
Internal Third Parties.
Affiliated companies in the Novogene Group acting as joint controllers or processors of your data:
|Country or Region||Novogene Affiliated Company|
|U.S.||Novogene Corporation Inc|
|U.K. & European Economic Area||Novogene (UK) Company Limited|
External Third Parties
- Service providers acting as processors who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- Internal Revenue Service (IRS), regulators and other authorities acting as processors or joint controllers based in the United States who require reporting of processing activities in certain circumstances.
When you communicate with us over email, we process your data for communication purposes, and we store this data in our systems. If you are in the EEA, the controller of your personal data will be outlined in the signature of the email sender and the legal basis for processing your data will depend on the context of the communication. Your data is processed in order to communicate with you, provide you with information about our products and company or to process your inquiry and respond to your requests.
You have the right to object to the processing at any time for reasons arising out of your situation. We will then no longer process your personal data, unless there are demonstrably compelling grounds for processing, which override the interests, rights and freedoms of the data subject, or the processing serves the purpose of asserting, exercising or defending legal claims.
Any email communication based on a contract will be deleted as it is no longer needed for the performance of the contract or as soon as the contract is terminated, and legal retention periods have expired.
Our company is part of an international group of companies in which responsibilities exist across departments, companies, and national borders. For this reason, we may transfer personal information across borders. This only happens if appropriate safeguards are in place (see above Transfers of Information).
This Policy does not apply to any third-party websites linked from the Site or that may provide links to the Site. Any use of such third-party websites shall be governed by the privacy and other policies of such other websites, and Pacific Biosciences accepts no responsibility for the privacy and/or security of any information you may submit to any third-party websites.
Please remember that any content you or any user uploads to our Services may be publicly available to other users by default and may be collected and used by these other users, and transferred, or made public, without our consent. Be careful not to include or attach any identifiers including, for example, labeling a file with an individual’s name, identifier, date of service, or other similar information. Any use or further disclosure of any content by another user of our Services is not a use or disclosure by us. We do not control the policies and practices of any third-party sites or services. Additionally, when you share information with third parties, that information may be passed along or made public by others. Therefore, anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications
11. Privacy Rights for Clients in the European Economic Area.
If you are located in the European Economic Area, you have additional rights as described below.
Your right to be informed
Your right of access
You have the right to ask us for copies of your personal information. There are some exemptions and limitations in what we can provide in response to such requests, which means you may not always receive all the personal information we process. We will inform you if any exemption or limitation applies and what its impact is.
Your right to correction
You have the right to ask us to correct personal information you think is inaccurate. You also have the right to ask us to complete your personal information you think is incomplete.
Your right to erasure
You have the right to ask us to erase your personal information in certain circumstances. Where it is appropriate that we comply, your request will be fully actioned within 30 days. Please note that we may not always be able to remove your personal information from ongoing or completed research studies. We may also retain some account information related to purchase and service history. This enables us to provide ongoing support regarding prior purchases and services, and is also necessary for accounting, audit and compliance purposes. We may also retain limited backup copies and archival files of your personal information to satisfy our state and federal legal obligations or regulatory requirements, including those set by the Clinical Laboratory Improvement Amendments (CLIA).
Your right to restriction of processing
You have the right to ask us to restrict the processing of your personal information in certain circumstances. For example, you can request that we limit the way in which we use your “Personal Data” (as defined by the GDPR) if you are concerned about the accuracy of the data or how it is being used.
Your right to object to processing
You have the right to object to processing of your personal information in certain circumstances. Where it is appropriate that we comply with your request, we will stop processing your information for the use you have objected to.
Your right to data portability
You have the right to receive your personal information which you have provided to us. You also have the right to have us send your personal information to another organization where our lawful basis for the processing is your consent, or where the processing is necessary for the performance of an agreement and the processing is carried out by automated means.
- You may request access to the information we maintain about you, update and correct inaccuracies in your information, restrict or object to the processing of your information, have the information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your information to another company. In addition, you also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
- You may withdraw any consent you previously provided to us regarding the processing of your information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent.
12. Privacy Rights for Residents of California
If you are a California resident, you have the additional rights as described below.
Right to Know About Personal Information Collected, Disclosed, or Sold.
(instructions and description below), we will disclose to you:
- The categories of personal information we collected about you;
- The categories of sources for the personal information we collected about you;
- Our business or commercial purpose for collecting or selling that personal information;
- The categories of third parties with whom we share that personal information;
- The specific pieces of personal information we collected about you; and/or
- If we sold or disclosed your personal information for a business purpose, including lists of sales, identifying the categories of personal information that each category of recipient purchased or obtained
Response Timing and Format.
We endeavor to substantively respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosure we provide will only cover the 12- month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Your right to opt-out of sale.
California residents have the right to opt out of any sale of their personal information. You may enforce this right by email our data protection officer at email@example.com or write to us at: Novogene Corporation Inc, 8801 Folsom Blvd, Suite 290, Sacramento, CA 95628. Please note that we may continue to share your personal information with our affiliates, services providers, for such essential purposes described above and other such circumstances.
We support your ability to exercise your privacy rights. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
California Shine the Light Law.
California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please email us at firstname.lastname@example.org